Fountain v. Fountain

WEBB, Judge.

The defendant first argues that the trial court erred in denying his motion and in allowing the plaintiffs motion for summary judgment because the pleadings, affidavits and depositions establish the existence of a genuine issue of material fact regarding an error in drafting the formula included in paragraph 7.

*309In McBride v. Johnson Oil and Tractor Co., 52 N.C. App. 513, 515, 279 S.E. 2d 117, 119 (1981), this Court stated:

An instrument which fails to express the true intention of the parties may be reformed to express such intention when the failure is due to the mutual mistake of…