County Treasurer — Commissions on Court House Bonds. — Under a contract for the erection of a court house, a county issued certain court house bonds and delivered them to the contractor, who negotiated them at par and received the moneys therefor. The county treasurer registered the bonds at the time they were issued, but it does not appear that he had any further connection with the bonds or the proceeds thereof, excepting that one of them was, through him as treasurer, redeemed by the county during his term of office. More than six years after the bonds were issued, he presented to the Commissioners Court his claim for commissions at 2 1/2 per cent for receiving and the same for disbursing the moneys represented by the other bonds. Held:
1. The evidence fails to show that the treasurer was entitled to the commissions claimed.
2. The claim was stale and barred by limitations.
STEPHENS, ASSOCIATE JUSTICE.
This suit was brought by an ex-treasurer of Callahan County, about six years after his term of office expired, to recover commissions on the amount of certain bonds issued during his term of office and delivered to a contractor, in order to procure the erection of a court house for the county. The claim sued on was never presented to the Commissioners Court until just before the institution of the suit, when it was rejected.
From the trial court's findings of fact, which are here adopted, there being no statement of facts, we conclude, (1) that appellant failed to show that he was ever entitled to the commissions claimed; (2) that his demand was stale and barred by limitation.
The judgment will therefore be affirmed.
Affirmed.