Deyo v. Commissioner of Highways

Mr. Presiding Justice Eldredge

delivered the opinion of the court.

Appellant brought his action in assumpsit in the circuit court of Logan county against appellee as commissioner of highways of the town of Sheridan in said county to recover the amount due on a certain contract for the purchase of one Bates tractor at the price of $3,900. At the termination of all the evidence in the case the trial court, at the instance of appellee, directed the jury to return a verdict finding no cause of action. Judgment was entered upon this verdict, to reverse which this appeal is taken.

On September 14,…