Simpson County v. Panther Oil & Grease Co.

Several interesting questions are presented by this record, but it will be necessary for us to consider only one of them, for our answer to it will determine the controversy, and the case will be stated only in relation thereto.

The action is by the appellee to recover the price of goods alleged to have been sold the appellant for use on its public roads. The goods were purchased by a member of the appellant’s board of supervisors when the board was not in session, and were delivered to and accepted by him for the appellant, and used on its public roads. This purchase was not authorized by the…