Opinion
Gen. No. 9,448. (Abstract of Decision.)
Opinion filed February 28, 1945 Released for publication March 27, 1945
HIGHWAYS AND STREETS, § 266 — when highway commissioner is without power to incur indebtedness for change of highway. In action against township for breach of alleged oral agreement of township highway commissioner to fence land in payment for dedication of right of way used for straightening state aid highway, over which township had no jurisdiction and exercised no control, where no action was taken by town board on claim of plaintiff for fencing, and there was no money on hand and no tax levy made to pay damages or compensation in connection with change of highway, held that township was not liable for expense of fencing, since highway commissioner was without power to incur alleged indebtedness or liability for fencing.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the County Court of Pike county; the Hon. LEE CAPPS, Judge, presiding.
Judgment affirmed. Heard in this court at the February term, 1945.
Graham Graham, for appellants;
A.W. Schimmel, for appellee.
Not to be published in full. Opinion filed February 28, 1945; released for publication March 27, 1945.