Edwards v. Goldsboro.
Supreme Court of North Carolina
ActioN by Asber Edwards against The City of Goldsboro, heard hy Judge G. TV. Ward and a jury, at the January Term, 1906, of the Superior Court of Wayne.
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ActioN by Asber Edwards against The City of Goldsboro, heard hy Judge G. TV. Ward and a jury, at the January Term, 1906, of the Superior Court of Wayne. The plaintiff, in his complaint, alleged that by an act of the General Assembly, the defendant was authorized .to build a city hall and market house and that plaintiff and other citizens of Goldsboro, who owned real estate therein, and who believed that the location of the proposed public buildings Dear their, property would greatly enhance its value, offered to subscribe and pay to the city' divers sums of money, amounting in the aggregate…
1Opinion of the Court
Walker, J.,
after stating the case: While the plaintiff, in his complaint, prayed for the judgment to which we think he was legally entitled, instead of a mandamus, if the contract with the city had been valid, yet his cause of action was not properly conceived, and he cannot recover the $600 which he subscribed and paid because the contract with the city was broken by it, as it was void, being against public policy and founded upon an illegal consideration. For the same reason, the third issue was immaterial, as constituting the basis for affirmative relief, in behalf of the defendants. The…
2Cases cited27 opinions
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- Tool Co. v. NorrisSupreme Court of the United States · 1865
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- Milhau v. . SharpNew York Court of Appeals · 1863
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
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