Mock v. Mock

PHILLIPS, Judge.

While a written instrument may be reformed on the grounds of mutual mistake, the mistake that the law requires is that of both parties to the instrument. Coppersmith v. Aetna Insurance Co., 222 N.C. 14, 21 S.E. 2d 838 (1942). The mistake of one party not induced by the fraud of the other is not enough. Crawford v. Willoughby, 192 N.C. 269, 134 S.E. 494 (1926). In this case no legal grounds for reforming the deed in question have either been pleaded or proved by plaintiffs and the order of summary judgment dismissing their claim was properly entered. Accepting plaintiffs’…