CALVERT v. BRITISH-AMERICAN OIL PRODUCING COMPANY

No. 11263.

390 S.W.2d 305 (1965)

Robert S. CALVERT, Comptroller of Public Accounts of the State of Texas, Appellant, v. The BRITISH-AMERICAN OIL PRODUCING COMPANY, Appellee.

Court of Civil Appeals of Texas. Austin.

Rehearing Denied April 28, 1965.


Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., H. Grady Chandler, Asst. Atty. Gen., Austin, for appellant.

Jack Corman, R. W. Shytles, Dallas, Clark, Thomas, Harris, Denius & Winters, Sander W. Shapiro, Austin, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, for appellee.


No Second Motion for Rehearing Filed.

ARCHER, Chief Justice.

Plaintiff sued defendant for a refund of $3,866.79 tax paid under protest on account of a written contract dated July 26, 1961, before the effective date of the Act, between International Business Machines Corporation (hereinafter referred to as IBM), as seller, and plaintiff, as purchaser, for the sale of certain tangible personal property consisting of three IBM machines. Plaintiff also pleaded...

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