Matthews v. Shamrock Van Lines, Inc.

For reformation of the contract in suit defendant relies upon an allegation of a mistake common to both parties. It makes no attempt to allege fraud or circumstances of imposition. Plaintiff contends, and his Flonor held, that defendant has not averred sufficient facts for the court to “determine the source of the alleged mutual mis take of fact.” The facts alleged as a defense must be set out in an answer with the same precision required in a complaint, Anderson v. Logan, 105 N.C. 266, 11 S.E. 361, and, if defendant has not alleged a cause for reformation for mutual mistake as required by…