MATTHEWS v. SHAMROCK VAN LINES, INC.

No. 853.

142 S.E.2d 665 (1965)

264 N.C. 722

William J. MATTHEWS v. SHAMROCK VAN LINES, INC.

Supreme Court of North Carolina.

June 18, 1965.


Attorney(s) appearing for the Case

John D. Xanthos, Burlington, for plaintiff, appellee.

Allen & Allen, Burlington, for defendant, appellant.


SHARP, Justice:

For reformation of the contract in suit defendant relies upon an allegation of a mistake common to both parties. It makes no attempt to allege fraud or circumstances of imposition. Plaintiff contends, and his Honor held, that defendant has not averred sufficient facts for the court to "determine the source of the alleged mutual mistake of fact." The facts alleged as a defense must be set out in an answer with the same precision required in a complaint...

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