Even if J. G. Chalfant, the county engineer, did make the agreement set forth in the twelfth paragraph of the bill of complaint, he had no authority to bind the county commissioners to it, and nothing appears in the five facts, properly found by the court below, which entitles the appellant to the relief prayed for. This clearly appears from the second, third and fourth legal conclusions of the learned chancellor, and upon them the decree is affirmed at appellant’s costs.