MEZZANOTTE V. FREELAND
20 N.C. App. 11 (1973)
NATURE OF THE CASE: This was an action for specific performance and damages. Freeland (D)
appealed from a judgment which directed the sellers to convey the real and personal property
described in the contract upon payment of the purchase price according to the terms of the
contract and awarded damages to Mezzanotte (P).
FACTS: Mezzanotte (P) entered into a contract to purchase real property from Freeland (D)
contingent upon P's being able to secure a second mortgage from the North Carolina National
Bank on such terms and conditions as are satisfactory to P. D subsequently sought to void
the contract and P sued for specific performance and damages. D claimed that the contingency
for the mortgage rendered the contract illusory because the contract lacked mutuality of
obligation. P claimed that a rejection of the second mortgage must be done in good faith and
that this requirement alone was sufficient to satisfy mutuality of obligation. D appealed a
decision for P.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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