Per Curiam.
The issue presented is whether the oral quotations by the appellant and the later separation of material and labor on the appellant's records constitute a sufficient compliance with Section 5739.01, Revised Code, to place appellant in the category of a "vendor" of the property incorporated into the paving improvements.
That section, as in effect at the beginning of the audit period (July 1, 1955), read in part:
"(B) * * * A construction...
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