EBERHARDT, Judge.
1. Headnote 1 requires no elaboration.
2. In the state of the record, jury questions on material issues were presented by the evidence and the motion for judgment n.o.v. must fail.
3. Inasmuch as the defendant's evidence disclosed that one of the tanks plaintiff was notified to pick up had been used, thereby rendering the defendant liable for it even under his contentions
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