Hontz v. Hollenback Township

Opinion by

Keller, J.,

The action was in assumpsit for two years’ hire of a tractor. It appears from the pleadings and the evidence that the township supervisors, in May, 1921, made a contract with the plaintiff to purchase the tractor, and gave their note for $2,090 in payment of the same. Some question having arisen, because of the existing indebtedness of the township, as to the legality of this action, the purchase was subsequently rescinded and the note

returned. The township, in the meantime, had been in possession of the tractor for the working season of 1921, and had used it in making…