Euziere v. Highway Commissioner

An action in assumpsit was instituted by appellee against appellant in the circuit court of Kankakee county to recover the amount alleged to be owing for certain materials furnished by appellee to appellant as highway commissioner.

The declaration consists of the common counts and one special count, which special count is as follows:

“For that, whereas, the defendant, on etc., in the county aforesaid, was a quasi corporation, and it was the defendant’s duty to keep the roads and bridges of the said Town of Rockville in repair and to improve the same so far as practicable, for which purpose the…