Clayton v. Trustees of Newton Academy , 95 N.C. 298 ( 1886 )

Ashe, J.

(after stating the facts). This action is manifestly without merit.

The plaintiff built the house in question, under a special contract made with a committee of the citizens of the county of Buncombe. The funds raised for the purpose of building the Academy was by subscription, and it. was expressly agreed between the plaintiff and the committee, as proved by W. W. McDowell, one of the contractors to do the brick work, that Mr. Clayton, the plaintiff, as well as himself, should take the subscription in payment for the work. The subscriptions were all good, and were about $3,600.00, and it only required about $2,800.00 to complete the building. The then trustees of the Academy had not met in many years, and most of them were dead. They did not know of the subscription, nor did they have anything to do with the work. Their consent was not asked. The plaintiff himself testified that he thought he was to be paid out of the subscription list. Had the original trustees all been alive when the building was completed, they would not have been liable to the plaintiff for his work, for it was a special contract between him and the committee of the citizens who had gotten up the subscription for the erection of the building.

There was no privity of contract between the plaintiff and the original trustees, and there being a special contract that the plaintiff was to look to the subscription list for his compensation, they were in no sense liable to him for the work done by him. So if they were not liable, much less are the present trustees liable, who had at the time no corporate existence, and were only brought into existence by an act of the Legislature some twenty-five years after the work was done, under a new organization.

There is no error. The judgment of the Superior Court is affirmed.

No error. Affirmed.