Breckinridge County v. Beard

Opinion op the Court by

Judge Willis

Affirming.

Breckinridge county sued M. D. Beard upon two notes for $1,666.66 each. The answer interposed a defense to the effect that the notes were executed pursuant to a written subscription by which the defendant had agreed to donate $5,000 to the county for the purpose of constructing a public road upon condition that (lie road should be completed within three years from the time of the subscription, and that it should be of water-bound macadam construction. No such road was built within the three years, or at all, and the gravel road which was ultimately…