Maybank v. S.S. Kresge Co.
Court of Appeals of North Carolina
266 S.E.2d 409 (1980)
Relevant factsFree
Geraldine Maybank (plaintiff) bought a flashcube at a K-Mart store owned by S.S. Kresge Company (defendant), whose packaging warned only that the flashcube might shatter. Instead, the flashcube exploded in Maybank's face and injured her eye. Maybank sued Kresge for breach of the implied warranty of merchantability, and the trial court directed a verdict for Kresge.
IssueFree
Whether a warranty that goods are of fair, average quality and fit for their ordinary purposes is implied in a sale of goods when the seller is a merchant of goods of that kind.