42 Vt. 557 | Vt. | 1870
The opinion of the court was delivered by
The appointment, by the commissioner, of Dr. Root as agent for the sale of liquor, did not confer on him any power to charge the town, nor was he authorized by statute to charge the town in making purchases. By the act of 1863, it was the duty of the selectmen of .Richmond to furnish Dr. Root as agent, at the expense of the town, such liquors as he was authorized to sell, and to fix the price at which he should sell them. The case states, among other things, that about the first Monday in May in each of the years 1864,1865 and 1866, Dr. Root was, by the commissioner, appointed agent for selling liquors in the defendant town ; that soon after his appointment in each of those years, the selectmen of that town directed Dr. Root to purchase for the town such liquors as were needed through that year, but it was understood by and between Root and the selectmen that no one of those directions or authorizations should extend, and the auditor finds that no one of them did extend, beyond the official year for which he was on each occasion just appointed. It appears that Dr. Root, acting as clerk or servant of the selectmen, but not as their general agent, made several purchases of liquors, which purchases were ratified by the selectmen. The authority of Dr. Root to sell liquor expired on the first day of May in each of these years. Before the first day of May, 1867, the selectmen had determined not to have liquors any longer purchased by or through the agent, but to purchase the liquors for the town that year themselves. Previous to the appointment of Dr. Root in May, 1867,
The judgment of the county court is reversed, and judgment for the defendants to recover their costs.