In Osborne v. Keith, 142 Tex. 262, 177 S.W.2d 198, 200 (Tex. 1944) a taxpayer sued to enjoin the county from paying for dirt it had purchased from its agent to be used in road construction. 177 S.W.2d at 199. It appears that the county had already taken and used some materials and may have had the right to take more. Id. The Court held that the county's agreement with its fiduciary to purchase such materials was not illegal but merely voidable. Osborne, 177 S.W.2d at 201. Hence, the Court did not consider whether it was important that the county had already taken possession of some of the dirt it had purchased.