THOMPSON-ARTHUR v. LINCOLN BATTLEGROUND

No. 8818SC1019.

382 S.E.2d 817 (1989)

THOMPSON-ARTHUR PAVING COMPANY, A DIVISION OF APAC-CAROLINA, INC., Plaintiff, v. LINCOLN BATTLEGROUND ASSOCIATES, LTD., Lincoln Property Company No. 1119, Mack Pogue, Robert M. Dickson, Timothy B. Burnette, and The Blair Matthew Pogue Lincoln Trust, Defendants.

Court of Appeals of North Carolina.

September 5, 1989.


Attorney(s) appearing for the Case

Craige, Brawley, Liipfert & Ross by William W. Walker, Winston-Salem, for plaintiff appellant-appellee.

John T. Weigel, Jr., Greensboro, for defendants appellants-appellees.


COZORT, Judge.

This appeal follows a jury verdict and entry of judgment in favor of plaintiff on plaintiff's claim for breach of contract. The jury found that a settlement agreement entered into by the parties was subject to rescission because of mistake. The jury then rejected both parties' express contract theories and awarded damages based on an implied in fact contract theory of recovery. We uphold judgment for plaintiff but remand for an additional award of interest...

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