# Topping v. HYDE COUNTY BOARD OF EDUCATION.

> Supreme Court of North Carolina · September 17, 1958 · 248 N.C. 719

URL: https://www.frixlaw.com/law-library/cases/1320745

## Case

- **Full name:** EARL TOPPING v. HYDE COUNTY BOARD OF EDUCATION, Consisting of GRATZ SPENCER, Chairman, WALTER LEE GIBBS and CRAWFORD CAHOON, Members, and TOMMIE GAYLORD, Secretary of the Said Board and Superintendent of Public Instruction of Hyde County
- **Court:** Supreme Court of North Carolina
- **Decided:** September 17, 1958
- **Citations:** 248 N.C. 719; 104 S.E.2d 857; 1958 N.C. LEXIS 381
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1320745

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1320745. Public record. Not legal advice.