Pipkin v. . Robinson
Supreme Court of North Carolina
Action of assumpsit, tried before Person, Judge, at the Pali Term, 1855, of Wayne Superior Court. The plaintiff declared on the following- written agreement: “Whereas, it lias been found expedient to build a school-’ house at Goldsborough, suitable to the increasing educational demands of our flourishing town and county, and whereas $2500 is required to carry said school-house to completion, $1600 of which have been collected, leaving a balance of $900 to be secured by…
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Action of assumpsit, tried before Person, Judge, at the Pali Term, 1855, of Wayne Superior Court. The plaintiff declared on the following- written agreement: “Whereas, it lias been found expedient to build a school-’ house at Goldsborough, suitable to the increasing educational demands of our flourishing town and county, and whereas $2500 is required to carry said school-house to completion, $1600 of which have been collected, leaving a balance of $900 to be secured by future subscription; and whereas a contract has been entered into with Jesse Pipkin to build and complete said school-house…
1Opinion of the CourtNash, C. J.
We are somewhat at a loss to perceive upon ■what principle of láw, the defendant refuses to pay the money demanded. The contract for building the school-house, was not made by him with the intestate, but by the trustees; whether, therefore, it was complete in all its parts, was a question in which he had no interest whatever. If the intestate failed to comply with his contract, he was answerable to the trustees, and not to Mr. Eobinson. . The building was to cost $2500. Of this sum, $1600 was raised by subscription. To secure' the balance to the intestate, nine individuals entered into a…
Also in this document: Per curiam.
2Cited by5 opinions
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