Appeal and Error 6 — Where, pending appeal, the act which plaintiff sought to restrain has been done, the appeal from the denial of a temporary restraining order becomes academic, and the appeal will be dismissed.
Civil action by plaintiff, a resident freeholder and taxpayer of Hyde County, to restrain the Hyde County Board of Education, its members, and Tommie Gaylord, Secretary of the Hyde County Board of Education and Superintendent of Public Instruction of the County, from entering into a contract for the erection of a consolidated High School building to be known as the Mattamuskeet High School, heard upon an order to appear and show cause why a temporary restraining order should not be issued.
After hearing the evidence Judge Paul denied plaintiff's motion for a temporary restraining order, and the plaintiff appeals.
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.