N.C.P.I.—Civil 741.20

The (state number) issue reads:

"Did the defendant breach the implied warranty of merchant-ability

made to the plaintiff?"

You will answer this issue only if you have answered the (state

number) issue "Yes" in favor of the plaintiff.

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, that

the defendant breached the implied warranty of merchantability made to

the plaintiff.

A breach of the implied warranty of merchantability occurs if the

(name good)

[does not pass without objection in the trade under the contract

description]1

[is not of fair average quality within the description]2 [is not fit for

the ordinary purposes for which such merchandise is used]3

[does not run of even kind, quality and quantity within each unit

and among units involved within the variations permitted by the

agreement]4

[is not adequately contained, packaged and labeled as the

agreement may require]5

[does not conform to the promises or representations of fact made

on the container or label,if any]6

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find, by the greater weight of the evidence,

that the defendant breached the implied warranty of merchantability

made to the plaintiff, then it would be your duty to answer this issue

"Yes" in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.