Oehlert Tractor & Equipment Co. v. Township Board of Highway Commissioners

The opinion of the court was delivered by

Smith, J.:

This was an action against a township on a contract for the purchase of machinery. Judgment was for plaintiff. Defendant appeals.

*287On June 8, 1931, two members of the township board signed an order for the machine in question. This was done while seated in an automobile, and all are agreed it was not at a meeting of the township board, either regular or special. This contract was signed by the two members with an understanding in writing that it would not be binding on the township unless it was agreed to by the third member. This contract was…