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PEEDE v. GENERAL MOTORS CORP.

No. 8010SC738.

279 S.E.2d 913 (1981)

Wesley Warren PEEDE, Plaintiff, v. GENERAL MOTORS CORPORATION, Ervie Matthews Barbour and Edward E. Barbour, Defendants and Third-Party Plaintiffs. Linwood Ray Peede, Third-Party Defendant.

Court of Appeals of North Carolina.

July 7, 1981.

Attorney(s) appearing for the Case

Blanchard, Tucker, Twiggs, Denson & Earls by Charles F. Blanchard and Douglas B. Abrams, and Hilary D. Daugherty, Raleigh, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by Stephen P. Millikin and Douglas W. Ey, Jr., Greensboro, for defendant-appellee General Motors Corp.

Ragsdale & Liggett by George R. Ragsdale, Raleigh, for defendant-appellees Ervie and Edward Barbour.

HEDRICK, Judge.

The sole question presented by this appeal is whether the court erred in entering summary judgment in favor of defendants. Plaintiff contends that a genuine issue of material fact exists as to whether the release was executed under circumstances amounting to mutual mistake. We agree.

In his depositions, plaintiff testified with regard to the release as follows:

It was my understanding that...

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