Wayne County NcArchives Court.....William Robinson, Willis Pipkin V. 1855
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 January 29, 2012, 4:09 pm

Source: N C Reports
Written: 1855

WILLIS PIPKIN, Administrator of JESSE PIPKIN vs. William Robinson
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, J., Fall Term, 1855, Wayne Court.

[Assumpsit is a form of action at common law for the recovery of damages 
caused by the breach or non-performance of a simple contract, either express 
or implied, and whether made orally or in writing]

The plaintiff declared on the following written agreement; “Whereas, it has 
been found expedient to build a school house at Goldsboro, suitable to the 
increasing education demands of our flourishing town and county, and whereas, 
$2,500 is required to carry said school house to completion, $1,600 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 $2,500; 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 anything, 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 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 entitle him to recover in this action, must satisfy them that he had built 
the school house according to his contract, and left it to the jury, whether 
from all the evidence, the contract required him to paint it. If it did, then 
he could not recover, Defendant excepted [appealed] to this charge. Verdict 
and judgment for the plaintiff.

[NC Supreme Court Justice C. J. Nash ruled the following for this case]

We are somewhat at a loss to perceive upon what principles of law, the 
defendant refuses to pay the money demanded. The contract for building the 
school house, was not made by him with the intestate, but by the trustees; 
whether, therefore, it was complete in all its parts, was question with which 
he had no interest whatever. If the intestate failed to comply with his 
contract, he was answerable to the trustees, and not to Mr. Robinson. The 
building was to cost $2,500. Of this sum, $1,600 was raised by subscription. 
To secure the balance of the intestate, nine individuals entered into a 
written contract with him, to pay him $900, each one agreeing to pay $100, 
upon condition that nine responsible persons sign it. Nine did sign, of whom 
the defendant was one. The house was built, and taken possession of by the 
trustees. Each one who executed the contract has paid his one hundred dollars, 
except defendant. The condition upon which he entered into the contract was 
complied with, viz.: that eight others should execute the paper with him. We 
see no reason for disturbing the judgment below. 

Judgment [in lower court] affirmed.

[Willis Pipkin was the plaintiff in this case and was administering his father 
Jesse Pipkin’s estate]


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