American Car & Foundry Co. v. Johnson County

Opinion of the Court by

Judge Carroll —

Eeversing.

The fiscal court of Johnson County, conceiving that it had authority to grant a franchise to construct and operate a boom across the mouth of John’s creek in Johnson County, offered for sale a franchise for this purpose to run ten years, when the appellant company became the purchaser on the 6th day of February, 1905, at the sum of $232, which it paid to the fiscal court. In 1910, the appellant company brought this suit to recover from the county the amount paid for the franchise, with interest, upon the ground that the county had no authority…