Austin-Western Road Machinery Co. v. Fayette County

SIBLEY, Circuit Judge.

The plaintiff-appellant, Austin-Western Road Machinery Company, sued Fayette County, Georgia, for the contract price of certain road machinery, losing the case through a verdict directed for the defendant on the ground that the contract for the machinery created a debt prohibited by the Georgia Constitution, Art. 7, § 7, Par. 1.

The undisputed evidence on that point is that the County on April 5, 1932, the date the contract was made and the ma*567chinery delivered and a warrant issued for its payment, had no cash on hand but could lawfully lay a tax for- road purposes that…