*230.* _Business, Religious Service._—A church organization has the legal
right to make any contract concerning its own affairs that is not
prohibited by its by-laws or its charter, subject to all laws of legal
contracts in the business world. When the consideration is a religious
service duly performed, there seems to be no objection to it. Therefore, a
minister may collect for preaching a sermon, attending the sick, or saying
prayers, or performing any other religious service. But an incorporated
church has no authority to enter into a contract for an ulterior purpose,
such as the employment of a vessel for the purpose of an excursion.(410)
*231.* _Incorporated Body._—The only way a religious society that is
incorporated can make a contract is by a vote of the aggregate body or of
the board of trustees, or through an agent authorized by a vote of one
body or the other.(411)
*232.* _Mortgage, Deficiency Judgment._—Where a mortgage had been
foreclosed against church property before the congregation was
incorporated, a deficiency judgment can not be rendered against such
church corporation.(412) But where a congregation was incorporated after a
debt had been incurred and took charge of the property, it assumed the
debt.(413)
*233.* _Building Contracts._—The taking part in a meeting by voting and
appointing committees to make contracts will bind those taking part in all
contracts made in accordance with the directions of such meeting. In some
States the individuals are held only to the amount that each subscribes,
but in other States each individual is liable for the entire debt.(414)
*234.* _Individual Promise, Subscriptions, Signature._—An individual
promise to give a donation to charity, can not be enforced.(415) But
subscriptions to build a church or other charitable institution or to pay
the salary of a clergyman when signed by more than one person, have been
held binding in some cases on the disputed rule of a-promise-for-a-promise
consideration.(416) In the foregoing cases the donor might revoke his
subscription or in case of his death his estate would not be liable.(417)
However, when expenses have been made or steps taken in the carrying out
of the object of the subscriptions, the general rule is that the
subscriptions become binding contracts.(418) If the object of the
subscriptions be abandoned or changed without the consent of the
subscriber, he is thereby released. A promissory note given for the
subscription, unless negotiated for value in due course of trade, does not
change the foregoing rules.(419) Where many persons subscribed to build a
church and some of them failed to pay, one who paid brought an action on
behalf of himself and others and collected the unpaid subscriptions.(420)
The defendant Nalty signed “Nalty Family, $1,000,” but he was held
personally liable.(421)
*235.* _Special Purpose, Suit._—When money is subscribed for a special
purpose, as for rebuilding a church, it belongs to the church
organization; and in a suit to recover the money the action should be
brought in the name of the corporation, if incorporated, and if not
incorporated it should be brought in the name of the interested
party.(422)
*236.* _Promise, Consideration._—A promise made by the owner of land to a
trustee for the benefit of a religious society, that he would convey the
land to such society if it would build a church thereon, is a good and
lawful consideration; and after work was begun on the church, the contract
was enforceable in a court of equity.(423)