OPSAHL v. PINEHURST INC.

No. 8520SC1121.

344 S.E.2d 68 (1986)

Douglas E. OPSAHL and wife, Hildegard M. Opsahl v. PINEHURST INC., Purcell Co., Inc., and Pinehurst Receivables Associates, Inc.

Court of Appeals of North Carolina.

June 3, 1986.


Attorney(s) appearing for the Case

Thigpen and Evans by John B. Evans, and Barringer, Allen & Pinnix by Noel L. Allen and Miriam J. Baer, Raleigh, for plaintiffs.

Van Camp, Gill, Bryan, Webb & Thompson, P.A. by Douglas R. Gill, Pinehurst, for defendant Pinehurst Inc.


WHICHARD, Judge.

Defendant appeals from that portion of the judgment rescinding the contract on the basis of mutual mistake of fact. Plaintiffs appeal from the court's failure to find an unfair and deceptive trade practice under N.C.Gen.Stat. 75-1.1 and its failure to award plaintiffs' moving and rental expenses as contract damages.

In defendant's appeal we hold that the court should not have applied the doctrine of mutual mistake to the facts here. We further...

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