Marriott Financial Services, Inc. v. Capitol Funds, Inc.

PARKER, Judge.

Appeal By Defendant Capitol "Funds, I~Ña

In concluding that by reason of mutual mistake no legally valid contract was formed between the parties, the trial court cited and relied upon MacKay v. McIntosh, 270 N.C. 69, 153 S.E. 2d 800 (1967). That case, however, is distinguishable on its facts from the case now before us and the holding in that case is not dispositive of the question presented by Capitol’s appeal. In that case the defendant resisted specific performance of a contract by which she had agreed to purchase real property from plaintiff on the grounds that it had been…