Supreme Court of North Carolina, 1958

Topping v. HYDE COUNTY BOARD OF EDUCATION.

Topping v. HYDE COUNTY BOARD OF EDUCATION.
Supreme Court of North Carolina · Decided September 17, 1958 · Per Curiam
104 S.E.2d 857; 248 N.C. 719; 1958 N.C. LEXIS 381 (South Eastern Reporter, Second Series)

Topping v. HYDE COUNTY BOARD OF EDUCATION.

Opinion

Per Curiam.

During the argument before us counsel for plaintiff and defendants admitted that pending the appeal the defendants have already entered into the contract, which the plaintiff seeks to enjoin. Since the contract has been made, a court cannot restrain the making of it. The question whether Judge Paul should have enjoined the making of the contract is now academic. Therefore, in accord with many decisions of this Court, the appeal will be dismissed. Efird v. Comrs. of Forsyth, 217 N.C. 691, 9 S.E. 2d 466; Austin v. Dare County, 240 N.C. 662, 83 S.E. 2d 702; Medlin v. Curran, 243 N.C. 691, 91 S.E. 2d 713; Walker v. Moss, 246 N.C. 196, 97 S.E. 2d 836; Archer v. Cline, 246 N.C. 545, 98 S.E. 2d 889.

Appeal Dismissed.

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