Howell v. Waters

347 S.E.2d 65 (1986)

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Howell v. Waters

North Carolina Court of Appeals
347 S.E.2d 65 (1986)

  • Written by Mary Pfotenhauer, JD

Facts

Howell (plaintiff) purchased land from Waters (defendant). Before buying the land, Howell viewed the property with Waters’ agent, Herbert Hoell. Although Waters had provided a sketch to Hoell correctly depicting the boundaries of the property, Hoell’s description of the property to Howell included at least 125 additional acres, which were not included in the deed to Howell. Howell sued Waters for rescission of the contract on the basis of mutual mistake. The lower court directed a verdict in favor of Waters. Howell appealed.

Rule of Law

Issue

Holding and Reasoning (Whichard, J.)

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