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GRUBB PROPERTIES, INC. v. SIMMS INV. CO.

No. 9026SC273.

400 S.E.2d 85 (1991)

101 N.C. App. 498

GRUBB PROPERTIES, INC., Plaintiff, v. SIMMS INVESTMENT COMPANY, Defendant and Third-Party Plaintiff, v. COLDWELL BANKER COMMERCIAL GROUP, INC., d/b/a Coldwell Banker Commercial Real Estate Services, Third-Party Defendant.

Court of Appeals of North Carolina.

February 5, 1991.

Attorney(s) appearing for the Case

J. Rodwell Penry, Jr. and Brinkley, Walser, McGirt, Miller, Smith & Coles by D. Clark Smith, Jr. and Stephen W. Coles, Lexington, for plaintiff-appellant.

House & Blanco, P.A. by John S. Harrison, Winston-Salem, for defendant-appellee Simms Inv. Co.

PHILLIPS, Judge.

In seeking to reverse the dismissal of its action to reform defendant's deed to include an adjacent parcel of land allegedly left out because of fraud or mutual mistake, plaintiff appellant presents four questions, only one of which has to be resolved. For the materials of record establish as a matter of law that even if plaintiff's action is supportable by evidence, as to which no opinion is expressed,...

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