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GARDNER HOMES, INC. v. GAITHER

No. 761SC284.

228 S.E.2d 525 (1976)

31 N.C. App. 118

GARDNER HOMES, INC. v. W. G. GAITHER et al.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

White, Hall, Mullen & Brumsey by Gerald F. White and John H. Hall, Jr., Elizabeth City, for plaintiff-appellee.

Leroy, Wells, Shaw, Hornthal, Riley & Shearin by Dewey W. Wells and Roy A. Archbell, Jr., Elizabeth City, for defendants-appellants.

HEDRICK, Judge.

Defendants contend that the court erred in entering summary judgment for plaintiff and in denying their motion for summary judgment. They argue that the evidence considered on the motions for summary judgment discloses that the contract was not made under a mutual mistake of material fact.

In MacKay v. McIntosh, 270 N.C. 69, 73, 153 S.E.2d 800, 804 (1967), we find the...

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