Topping v. HYDE COUNTY BOARD OF EDUCATION.

104 S.E.2d 857, 248 N.C. 719, 1958 N.C. LEXIS 381

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.