HORN v. GOLDENROD ENTERPRISES

3 Div. 808.

101 So.2d 310 (1958)

LaRue HORN, Commissioner of Revenue, v. GOLDENROD ENTERPRISES, Inc., d/b/a Pepsi-Cola Bottling Co.

Supreme Court of Alabama.

March 6, 1958.


Attorney(s) appearing for the Case

John Patterson, Atty. Gen., and Willard W. Livingston, Asst. Atty. Gen., for appellant.

Hill, Hill, Stovall & Carter, Montgomery, for appellee.


PER CURIAM.

This is an appeal by the State from a decree in equity to the effect that appellee is not properly chargeable with the use tax imposed by Title 51, section 787 et seq., Code.

The tax is laid when there is a purchase of personal property at retail in some state other than Alabama and brought into Alabama and there stored for use or other consumption, but not for resale. Section 788, Title 51, Code.

Section 787(d), Title 51, Code,...

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