American Disinfecting Co. v. Freestone County
| Decision Date | 17 March 1917 |
| Docket Number | (No. 7749.) |
| Citation | 193 S.W. 440 |
| Parties | AMERICAN DISINFECTING CO. v. FREESTONE COUNTY. |
| Court | Texas Court of Appeals |
Appeal from Freestone County Court; W. E. Doyle, Special Judge.
Suit by the American Disinfecting Company against Freestone County. From a judgment for defendant, plaintiff appeals. Affirmed.
Anderson & Moses, of Fairfield, for appellant. Lex Smith and Williford & MacIntosh, all of Fairfield, for appellee.
This suit was brought by appellant against appellee to recover the sum of $260 for "Obugo," a disinfectant alleged to have been sold to said county. A general demurrer to the petition was sustained, and judgment rendered for the appellee, from which this appeal is taken.
The only question presented is: Was there error in sustaining the general demurrer to the petition? The petition, in substance, alleges that appellant was the manufacturer of Obugo a sanitary and disinfecting product; on December 19, 1911, sold and delivered to defendant 50 gallons of said product of the value of $100, and on October 7, 1912, 100 gallons of the value of $200; that said goods so sold and delivered to defendant were sold on the written orders of W. J. Lott, the sheriff of said county, whose duty it was to keep the courthouse and jail in a proper and healthful sanitary condition, and in the discharge of his duty in the manner stated he ordered and bought said goods from plaintiff, and the same were used by defendant county for the purposes for which the same were obtained; that on September 4, 1912, defendant paid on the first-mentioned bill, $40, leaving a balance of $260, for which a bill was presented to the commissioners' court on September 14, 1914, and rejected without giving any reason therefor; that at the time said goods were ordered smallpox and meningitis were prevalent in parts of Freestone county, and the county health officer, Dr. W. N. Sneed, Jr., had instructed and directed that all premises should be kept thoroughly clean and disinfected; that said goods were ordered by defendant and used by it for the purpose of disinfecting and keeping in a healthful and sanitary condition the courthouse and the offices of the officials therein, and the county jail and jail premises; that at the termination of the sheriff's term of office he was in possession of about 25 or 30 gallons of said Obugo, which was left in the possession of his successor as the property of defendant — and closing with a prayer for judgment.
The petition in this respect fails to show any liability of Freestone county. It is not alleged that the commissioners' cour...
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Harris County v. Texas & N. O. R. Co., 10829.
...not have been reasonably returned at that time." It collates these authorities as supporting its position: American Disinfecting Co. v. Freestone County, Tex.Civ.App., 193 S. W. 440; Boaz v. Ferrell, Tex.Civ.App., 152 S.W. 200; City of San Antonio v. White, Tex.Civ.App., 57 S.W. 858; City o......
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...make contracts binding on the county, unless otherwise specifically provided by statute. 11 Tex. Jur. 630; American Disinfecting Co. v. Freestone County, Tex.Civ.App., 193 S.W. 440; Germo Mfg. Co. v. Coleman County, Tex.Civ.App., 184 S.W. 1063; Matthews Lumber Co. v. Van Zandt County, Tex. ......
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...make contracts binding on the county, unless otherwise specifically provided by statute. 11 Tex.Jur. 630; American Disinfecting Co. v. Freestone County, Tex.Civ.App., 193 S.W. 440; Germo Mfg. Co. v. Coleman County, Tex.Civ.App., 184 S.W. 1063; Matthews Lumber Co. v. Van Zandt County, Tex.Ci......
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