APPEAL from a judgment of the Superior Court of the County of Maricopa. M. T. Phelps, Judge. Judgment affirmed.
Mr. D. O. Brown, for Appellant.
Mr. John W. Corbin, County Attorney, Mr. Lin Orme, Jr., his Deputy, for Board of Supervisors of Maricopa County, Messrs. Gust, Rosenfeld, Divelbess, Robinette & Coolidge, for Appellee Automatic Voting Machine Corporation, Jacob Morgan, for Intervener-Appellee, A. G. Smoot.
[52 Ariz. 431] LOCKWOOD, J.
Oris Holdren, hereinafter called plaintiff, brought suit against C. Warren Peterson,
John A. Foote, and George Frye, as members of the Board of Supervisors of Maricopa County, hereinafter called the supervisors, and the Automatic Voting Machine Corporation, a corporation, hereinafter called the company. The complaint alleges, in substance, as follows: That the supervisors on the 17th day of March, 1937, declared their intention of accepting from the company the title to certain voting machines, by an instrument which reads, so far as material to this case, as follows:
"Bill of Sale.
"Whereas, the Automatic Voting Machine Corporation, a corporation, hereinafter designated as the 'Corporation,' is the owner of sixty-one (61) voting machines which have been used in primary and general elections held in the County of Maricopa, and
"Whereas, the County of Maricopa, hereinafter designated as the 'County,' is desirous of continuing the use of said machines in the county elections and the said Corporation is desirous of demonstrating the efficiency and economy effected by the use of said machines and is desirous of continuing said machines in use in said county, and
"Now, Therefore, Know All Men by These Presents:
"That the said Automatic Voting Machine Corporation, a corporation, does, by these presents, bargain, sell and convey unto the said Maricopa County, a body politic, the ...