Walker v. Town of Faison

• Decision Date: 11 May 1932
• Docket Number: 204.
• Citation: Walker v. Town of Faison, 163 S.E. 875, 202 N. C. 694 (N.C. 1932)
• Parties: WALKER v. TOWN OF FAISON
• Court: North Carolina Supreme Court

163 S.E. 875

202 N.C. 694

WALKER v. TOWN OF FAISON

No. 204.

Supreme Court of North Carolina

May 11, 1932

Appeal from Superior Court, Duplin County; Devin, Judge.

Action by J. W. Walker against the Town of Faison. Judgment for plaintiff, and defendant appeals.

Reversed.

The evidence tended to show that on March 22, 1929, defendant town purchased from the plaintiff a certain lot for the sum of $1,500, paying $100 in cash and executing three notes aggregating $1,400 for the balance of the purchase price. The purchase of the land and the execution of the notes and deed of trust securing same by the town was made in pursuance of a resolution adopted on April 1, 1929. This resolution recites that the property was purchased "for the purpose of building a truck and cotton buyers platform." After the purchase of the land a platform was erected upon the property and used until a new board of aldermen came into power and the platform was apparently abandoned. The evidence tended to show that "this property was used by the Town of Faison for a market place for the selling of cotton, and they charged the farmers revenue for selling from that platform. *** It was my understanding that a charge was made for the use of this platform."

The mayor of the town testified: "The Town of Faison built a platform on that lot for the purpose of a cotton platform, to buy and weigh cotton, and load and unload, except, I think to store truck on when it got overloaded. *** We used it for the purpose of buying cotton and truck and anything that came to market. It has not been used for anything except cotton purposes. *** The Town of Faison had a cotton weigher who operated under the supervision of the Board of Commissioners and the Mayor of the town. All the cotton sold in Faison was to be weighed by this particular cotton weigher, and this place was designated as a place to weigh cotton and sell it after the railroad company told them to get off their platform. This was the purpose for which the platform was placed there. *** I understand that they charge a revenue at that place. The purpose of my board in buying it was for the convenience of the farmers and for the cotton buyers, and to get revenue for the town, too. It was our intention to get revenue for the Town by charging a cent a package and five cents on a bale of cotton, and if we had remained in office, we would have gotten it." Another member of the board of aldermen testified: "The platform was built for the benefit of the farmers to dispose of their truck and cotton. There was no other place in the Town of Faison available at that time for such a market. Since that time the present board has erected a similar platform. I have sold cotton over it and paid a revenue of ten cents a bale. I have sold truck there. It is auctioneered off. *** The surplus revenue goes to the Town. *** We were required to pay revenue if we sold a lot of cucumbers in town, whether they were auctioneered off or not because that was where they expected to get their revenue." It further appeared on October 27, 1929, that the board of aldermen passed a resolution "that the cotton buyers shall pay to the town three cents per bale for cotton hauled from cotton platform until the town has been reimbursed for expense of erecting, insurance, and lease of land."

The following issues were submitted to the jury:

"1. Are the notes sued on in this action valid and subsisting obligations of the Town of Faison, as alleged in the complaint?

"2. Is the defendant indebted to the plaintiff on account of the notes sued on in this action?"

The jury answered the first issue "Yes," and the second issue, "$1,400.00 with interest."

From judgment upon the verdict the defendant appealed.

Beasley & Stevens, of Warsaw, and K. O. Burgwin, of Wilmington, for appellant.

J. T. Gresham, Jr., and R. D. Johnson, both of Warsaw, for appellee.

BROGDEN J.

Can a city or town "contract any debt, pledge its faith, or loan its credit" for the purpose of acquiring a site for a cotton and truck platform?

The issue of the notes by the defendant in payment of the purchase price of the property was not submitted to a vote of the people, and hence the validity of the indebtedness depends upon whether a cotton and truck platform is a ...