Opsahl v. 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 hold, however, that rescission nevertheless may be justified on the basis of a material breach of the contract by defendant.

In…