Thursday, May 28, 2009

In the Matter of McDuffie, 440 S.E.2d 865 (N.C. App. 1994)

Facts

McDuffies owned properties which were sold to the Halls and to Summit Enterprises.  A foreclosure proceeding was instituted and Mutual requested petitioner place a bid on their behalf.  It was initially requested a bid be placed to extinguish the loan then changed to a bid of $1,000.  Petitioner was never informed of the change and bid $43,361.17.

Procedural History

Judge denied petitioner’s motion to withdraw the bid.

Issue(s)

Did the judge err in refusing to withdraw the bid?

Holding(s)

No.

Reasoning/Analysis

The Court found that petitioner acted within the scope of his apparent authority and Mutual is bound on the resulting contract despite the alleged mistaken bid.

Judgment/Outcome

The Court affirmed the judgment of the lower court.

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