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STEUBENVILLE WHITE TRUCK SALES & SERVICE, INC. v. PECK

Nos. 33951 and 33958.

162 Ohio St. 251 (1954)

STEUBENVILLE WHITE TRUCK SALES & SERVICE, INC., APPELLANT, v. PECK, TAX COMMR., APPELLEE. STEUBENVILLE WHITE TRUCK SALES & SERVICE, INC., APPELLEE, v. PECK, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided December 1, 1954.

Attorney(s) appearing for the Case

Messrs. Graham, Graham, Hollingsworth, Gottlieb & Johnston, for appellant in cause No. 33951 and appellee in cause No. 33958.

Mr. C. William O'Neill, attorney general, and Mr. W. E. Herron, for appellee in cause No. 33951 and appellant in cause No. 33958.

Per Curiam.

Vendor claimed that the sale of each of the eight trucks was excepted from the definition of "`retail sale' and `sales at retail'" by the terms of Section 5546-1, General Code, because "the purpose of the consumer" was "to use" the trucks "directly in the production of tangible personal property for sale by * * * mining."

The refund was sought by the vendor under those provisions of Section...

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