Buchanan v. Buchanan

ARNOLD, Judge.

Plaintiff contends that the trial court erred in granting summary judgment for the defendant. Specifically, plaintiff argues that the affidavits offered by plaintiff and the State Farm insurance adjuster who was involved in the signing of the release form indicate that the release was executed without any intention to excuse any other persons or firms. Plaintiff, citing Cunningham v. Brown, 51 N.C. App. 264, 276 S.E. 2d 718 (1981), contends that the failure to accomplish this result constituted a mutual mistake of fact which required denial of defendant’s motion for summary…