HOWELL v. WATERS

No. 872SC1043.

367 S.E.2d 3 (1988)

89 N.C. App. 721

Vernon F. HOWELL v. Donald Ray WATERS.

Court of Appeals of North Carolina.

April 19, 1988.


Attorney(s) appearing for the Case

Pritchett, Cooke & Burch by Stephen R. Burch and W.W. Pritchett, Jr., Windsor, for plaintiff-appellant.

John A. Wilkinson, Washington, D.C., for defendant-appellee.


PHILLIPS, Judge.

In January, 1979 defendant deeded approximately 480 acres of Beaufort County land to plaintiff. Based upon allegations that the boundaries of the tract are not as defendant's agent represented them to be plaintiff seeks to rescind or reform the deed on the grounds of fraud or mistake; not mutual mistake, though, but his unilateral mistake caused or known about by the seller, as laid down in this case when...

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