EXPRESS, INC., v. BOWERS

No. 35869.

169 Ohio St. 227 (1959)

VICTORY EXPRESS, INC., APPELLEE, v. BOWERS, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided May 13, 1959.


Attorney(s) appearing for the Case

Messrs. George, Greek, King & McMahon, Mr. Walter E. Shaeffer and Messrs. Beigel & Mahrt, for appellee.

Mr. Mark McElroy, attorney general, Mr. John M. Tobin and Mr. John R. Barrett, for appellant.


Per Curiam.

It is clear from the record that in March 1957 there was a "sale," within the meaning of Section 5739.01, Revised Code, of the motor equipment in question and a transfer of title thereto to appellee, at which time appellee was not a certificated operator authorized to engage in public utility service but did intend to so engage as soon as it was authorized. It is the purposed use of the equipment by the consumer or user that is determinative of...

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