GAMEWELL MFG., INC. v. HVAC SUPPLY, INC.

No. 82-1533.

715 F.2d 112 (1983)

GAMEWELL MANUFACTURING, INC., a corporation, Appellant, v. HVAC SUPPLY, INC., and Aeronca, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1983.

Rehearing Denied September 14, 1983.


Attorney(s) appearing for the Case

C. Robert Wartell, Southfield, Mich. (J. Laevin Weiner, Weiner, Hauser, Wartell & Roth, Southfield, Mich., on brief), for appellant.

James D. Myers, Charlotte, N.C. (Charles P. Elderkin, John J. Barnhardt, III, Bell, Seltzer, Park & Gibson, Charlotte, N.C., on brief), for appellees.

Before PHILLIPS and CHAPMAN, Circuit Judges, and FIELD, Senior Circuit Judge.


JAMES DICKSON PHILLIPS, Circuit Judge:

After filing suit against HVAC Supply, Inc., and Aeronca, Inc., for patent infringement, Gamewell Manufacturing, Inc. (Gamewell), entered into a settlement agreement with the defendants which it now seeks to avoid on the basis of unilateral mistake. The district court, applying state law, held that unilateral mistake was not a basis for rescission of the agreement and entered an order...

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