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Evans v. Evans9/17/2002
ranty. The implied warranty of merchantability applies only to merchants. See N.C.G.S. § 25-2-314 (2001). Pursuant to N.C. Gen. Stat. § 25-2-104(1), a merchant is defined as "a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction." N.C.G.S. § 25-2-104(1) (2001).
According, to the testimony of Custom's president, "Custom . . . is a metal stamping job shop [with which] anufacturers of equipment contract . . . to run parts on [Custom's] presses, parts they wish to out-source." It is the customer who provides Custom with the specifications for the requested products, which range from "parts that go into winch assemblies[,] . . . parts that go into hub assemblies for four-wheel drive vehicles[,] . . . components of exercise equipment overhead door assemblies" to "cooling tubes for nuclear fuel rods." This evidence gives no indication that Custom "deal in" clamps or otherwise "h [itself] out as having knowledge or skill peculiar to" the manufacture of clamps. Thus, Custom is not a merchant in respect to the manufacture of clamps, and no implied warranty of merchantability exists in this case. As such, the trial court properly granted Custom's motion for a directed verdict.
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