Frederick Disinfectant Co. v. Coleman County

• Decision Date: 26 April 1916
• Docket Number: (No. 5639.)
• Parties: FREDERICK DISINFECTANT CO. v. COLEMAN COUNTY.
• Court: Texas Court of Appeals

188 S.W. 270

FREDERICK DISINFECTANT CO. v. COLEMAN COUNTY.

(No. 5639.)

Court of Civil Appeals of Texas. Austin.

April 26, 1916.

On Motion for Rehearing, June 28, 1916.

Appeal from Coleman County Court; W. Marcus Weatherred, Judge.

Action by the Frederick Disinfectant Company against Coleman County. Judgment for defendant, and plaintiff appeals. Reversed and remanded for new trial.

J. P. Ledbetter and Woodward & Baker, all of Coleman, for appellant. Snodgrass, Dibrell & Snodgrass and Critz & Woodward, all of Coleman, for appellee.

JENKINS, J.

On June 8, 1911, and for a number of years prior thereto, W. L. Futch was sheriff of Coleman county, and it had been his custom to purchase the necessary disinfectants for the jail, for which Coleman county, through its commissioners' court, had paid. On the date mentioned Futch gave the following order:

"Frederick Disinfectant Company, Mfg. Chemist, Atlanta, Ga. Order No. 299, dated June 8, 1911; sold to Coleman county. Shipped care of W. L. Futch, at Coleman, Texas. Terms: June, 1912. Shipped January 14, 1912. One barrel insecticide, 60 gallons, at $2 per gallon; 10 gallons Pixoline, at $1.25 per gallon. Signature of buyer: W. L. Futch. Official title: Sheriff. Signature of salesman: Louis Schwartz."

The articles named in this order were shipped to Futch, and by him received and used in the Coleman county jail. The uncontradicted testimony shows that disinfectants and germicides of the character mentioned in this order were necessary to the health of the prisoners confined in the Coleman county jail. On June 13, 1911, the commissioners' court passed an order, and had the same entered upon its minutes, that thereafter no one would be permitted to purchase disinfectants for the jail or courthouse, except the commissioners' court.

"Each sheriff is the keeper of the jail of his county." Article 49, C. C. P. "The sheriff may appoint a jailer to take charge of the jail, and supply the wants of those therein confined." Article 52, C. C. P.

"At each regular term of the commissioners' court, the sheriff shall present his account to such court for the expenses incurred by him since the last account presented for the safekeeping, * * * and maintenance of prisoners." Article 1148, C. C. P.

"It shall be the duty of the commissioners' court of the counties to see that the jails of their respective counties are kept in a clean and healthy condition, properly ventilated, and not overcrowded with prisoners, and that ...