MALLERY, J.
This is an action to recover taxes assessed against the appellant by the state tax commission for the years of 1941 to 1948, under the provisions of Rem. Supp. 1941, §§ 8370-96 and 8370-97, in the amount of $52,040.50.
Appellant was the owner of certain slot machines, which were placed in operation in the Officers' Mess at Fort Lewis, under the following contract:
"This agreement, Made and entered into this 2nd day of July, 1945...
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