Justices of Tyrrel v. . Simmons
Supreme Court of North Carolina
Tms was an action of assumpsit, tried before bis Honor ■Judge Saunders, at the Fall Term, 1855, of Tyrrel Superior Court. At the July Term, 1853, of Tyrrel County Court, the defendant entered into a contract with a majority of the justices of the peace of that County, then in Court, that he would do •certain additional work upon a house he was then building for the County, for the sum of $150, for which he received payment in advance.
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Tms was an action of assumpsit, tried before bis Honor ■Judge Saunders, at the Fall Term, 1855, of Tyrrel Superior Court. At the July Term, 1853, of Tyrrel County Court, the defendant entered into a contract with a majority of the justices of the peace of that County, then in Court, that he would do •certain additional work upon a house he was then building for the County, for the sum of $150, for which he received payment in advance. The work was not done, and this suit is brought for breach of that contract. The 'defendant was himself one of the justices of the peace of Tyrrel County, and…
1Opinion of the CourtBattue, J.
We 'concur in the opinion given by his Honor m the Court below, that the action cannot be maintained. If the contract were intended t© be made by the defendant with the justices, in their official capacity, he was one of them, ancl ■could not enter into an engagement with them, by which to subject himself to an action at law. See Justices v. Bonner, 3 Dev. Rep. 290, and other similar cases referred to by defendant’s counsel.
The counsel who appeared for the plaintiffs in this Court, feeling the force of this objection, has insisted before us, that the contract made by the defendant, for doing…
Also in this document: Per curiam.
2Cited by5 opinions
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- State v. . MuseSupreme Court of North Carolina · 1838