DRAKE v. HANCE

No. COA08-849.

673 S.E.2d 411 (2009)

Garry L. DRAKE and Wanda H. Drake, Plaintiffs v. W. Eric HANCE and Debra A. Hance, Defendants.

Court of Appeals of North Carolina.

March 3, 2009.


Attorney(s) appearing for the Case

Erwin and Eleazer, P.A., by L. Holmes Eleazer, Jr., Fenton T. Erwin, Jr., and Amy N. Boker, Charlotte, for plaintiffs-appellees.

Franklin S. Hancock, Monroe, for defendants-appellants.


CALABRIA, Judge.

W. Eric and Debra A. Hance ("defendants") appeal an order and judgment that reforms a deed due to a mutual mistake of fact in the legal description of the property. We affirm.

On 15 June 2005, the defendants entered into an Offer to Purchase and Contract ("the contract") with Garry L. and Wanda H. Drake ("plaintiffs") for the purchase of plaintiffs' home ("the home") at 3301 Chancellor Drive, Union County, Monroe, North Carolina ("the street...

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