This action was brought to recover the value of certain services in repairing surveyor’s instruments, the property of the county surveyor of Hennepin county, and used by him in the performance *35of the duties of his office. The theory of action was that the county of Hennepin was liable for the payment of such repairs. The case cannot be distinguished from State v. Smith, 84 Minn. 295, 87 N. W. 775.

That decision is followed and applied, and the order appealed from is affirmed.