Supreme Court of North Carolina April 14, 1971, 14 (Coggins v. City of Asheville)

HIGGINS, Justice.

In this action the plaintiff asked the court, (1) to restrain the defendants from performing their contract

inter se;

and (2) to restrain the City of Asheville from issuing bonds or using the bond proceeds to finance the contract. The evidentiary facts are not in dispute. However, only the ultimate facts found by the court and its conclusions of law based thereon are challenged.