Austin-Western Road MacHinery Co. v. Webster County

This suit is to recover the alleged contract price of certain road machinery furnished by appellant to -appellee county. Bids were invited by publication as required by law, and in response thereto appellant’s bid was accepted; a contract was attempted to be made therefor and spread on the minutes of the board of supervisors. The machinery was delivered. But the proof of publication had not been filed with the board of supervisors or with the clerk thereof at the time the alleged contract was made; in fact it is not shown that it was ever on file, before or after; and the order of the board,…