MARRIOTT FINANCIAL SERVICES v. CAPITOL FUNDS

No. 97.

217 S.E.2d 551 (1975)

288 N.C. 122

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

Supreme Court of North Carolina.

August 27, 1975.


Attorney(s) appearing for the Case

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

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

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


BRANCH, Justice.

Marriott assigns as error the holding of the Court of Appeals that the trial judge correctly refused to conclude that rescission should be allowed on grounds that the conveyance was illegal because Capitol had not complied with Section 20-5(a) of the Subdivision Standards Ordinance of the City of Raleigh, which provides:

Before any real property located within the city or located outside the city within two (2) miles in any direction of the...

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