Pipkin v. Robinson

• Decision Date: 31 December 1855
• Citation: 3 Jones 152,48 N.C. 152
• Court: North Carolina Supreme Court
• Parties: WILLIS PIPKIN, ADM'R. OF JESSE PIPKIN, v. WM. ROBINSON.

3 Jones (NC) 152

48 N.C. 152

WILLIS PIPKIN, ADM'R. OF JESSE PIPKIN,

v.WM. ROBINSON.

Supreme Court of North Carolina.

December Term, 1855.

Where A agrees to pay to a mechanic $100 of the deficiency in a public fund for building a school-house, provided eight other responsible persons sign the agreement, and eight other persons do sign the contract, after the work has been received by the trustees who made the contract with the mechanic, A cannot raise the question whether the work was done according to the contract, but must pay the $100.

ACTION of ASSUMPSIT, tried before PERSON, Judge, at the Fall Term, 1855, of Wayne Superior Court.

The plaintiff declared on the following written agreement: “Whereas, it has 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 for the aforesaid sum of $2500: Now, therefore, fully believing that the remaining $900 can be easily collected from the friends of the enterprise in Wayne and the adjoining counties, who have not yet subscribed any thing, and in order to hasten it to a speedy and successful completion, we, whose names are hereunto subscribed, do become pledged to Jesse Pipkin for the said balance of $900, to be paid equally by each of us; provided always, that nine responsible persons become so pledged. And we further agree, to make good any balance that may fail to be subscribed, to secure said amount of $900; and it is well understood that this obligation is not to be used, nor will it be regarded as binding, unless subscribed by nine responsible persons as aforesaid, dated, &c;” which paper, plaintiff proved, was signed by the defendant and eight responsible persons, each of whom had paid $100, except the defendant.

There was evidence that Jesse Pipkin put up the house, but did not paint it, and that the defendant, Robinson, shortly afterwards, by the authority of the trustees, went into the possession of it, and used it as a school-house, and also that he had it painted.

It was further in evidence, that Pipkin said he was to complete the building in every particular.

The Court charged the jury that the plaintiff, in order to...