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MARRIOTT FINANCIAL SERV. v. CAPITOL FUNDS

No. 7410SC546.

209 S.E.2d 423 (1974)

23 N.C. App. 377

MARRIOTT FINANCIAL SERVICES, INC. v. CAPITOL FUNDS, INC., and Lawyers Title Insurance Corporation.

Court of Appeals of North Carolina.

November 6, 1974.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner by Howard E. Manning and John B. McMillan, Raleigh, for plaintiff appellee and cross-appellant, Marriott Financial Services, Inc.

Maupin, Taylor & Ellis by Armistead J. Maupin and Thomas W. H. Alexander, Raleigh, for defendant appellant, Capitol Funds, Inc.

Poyner, Geraghty, Hartsfield & Townsend by John L. Shaw and Cecil W. Harrison, Jr., Raleigh, for defendant appellee, Lawyers Title Ins. Corp.

PARKER, Judge.

APPEAL BY DEFENDANT CAPITOL FUNDS, INC.

In concluding that by reason of mutual mistake no legally valid contract was formed between the parties, the trial court cited and relied upon MacKay v. McIntosh, 270 N.C. 69, 153 S.E.2d 800 (1967). That case, however, is distinguishable on its facts from the case now before us and the holding in that case is not dispositive of the ...

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