Frandzen

This is an appeal from the judgment upon the judgment-roll, and the only question presented by the record is whether the county clerk had authority, as the law stood in 1892, to bind the county by his contract with the plaintiff to print the great register for that county.

In July, 1892, the board of supervisors fixed the price for printing the great register for that year at fifteen cents per name for the first five hundred copies, and seventy-five cents for each additional copy. On August 26, 1892, W. M. Gassaway, then county clerk, contracted with the plaintiff to print the register at the prices fixed by the board. On September 26th, and before any of the copy had been furnished the plaintiff, Gassaway was superseded as such clerk by C. W. Thompson, who refused to permit the plaintiff to print the register, and employed other parties to do the work; and this action is to recover damages from the county for the breach of said contract. The cause was tried by the court, and resulted in findings and judgment for the plaintiff. The question to be decided is raised by the demurrer to the complaint, and upon the findings.

The opinion of the learned judge who tried the cause . is…