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STATE v. CAROLINA RACING ASSOCIATION

No. 308.

84 S.E.2d 390 (1954)

241 N.C. 80

STATE of North Carolina on the Relation of Wiley H. TAYLOR, Jr., v. CAROLINA RACING ASSOCIATION, Inc., the Town of Morehead City, and the Morehead City Racing Commission.

Supreme Court of North Carolina.

November 10, 1954.

Attorney(s) appearing for the Case

Frank B. Aycock, Jr., Elizabeth City, for plaintiff relator, appellee.

John G. Dawson, Kinston, and Lucas, Rand & Rose, Wilson, for Carolina Racing Ass'n, Inc., defendant, appellant.

George H. McNeil, Morehead, for defendant Morehead City, appellant.

Harvey Hamilton, Jr., Morehead, for defendant Morehead City Racing Commission, appellant.

BOBBITT, Justice.

This Court has held: first, a purported contract imposes no binding obligations if its validity is dependent upon the provisions of an unconstitutional statute; and second, the provision of Art. I, Sec. 10, of the Federal Constitution, protecting the obligations of contracts against state action, is directed only against impairment by legislation and not by judgments of courts. State ex rel. Summrell v. Carolina-Virginia Racing Ass'n,

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