MATERIAL CONTRACTORS, INC. v. DONAHUE

No. 40601.

14 Ohio St. 2d 19 (1968)

MATERIAL CONTRACTORS, INC., APPELLEE, v. DONAHUE, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided March 27, 1968.


Attorney(s) appearing for the Case

Messrs. George, Greek, King, McMahon & McConnaughy, Mr. David Stradley, Messrs. Wright, Harlor, Morris, Arnold & Glander, Mr. C. Emory Glander and Mr. James H. Ledman, for appellee.

Mr. William B. Saxbe, attorney general, and Mr. Edgar L. Lindley, for appellant.


O'NEILL, J.

The question presented to the court may be stated thus: Is the lease agreement between Material Contractors and Corrugated Container divisible?

In substance, the agreement provides four undertakings by each of the parties.

Material Contractors agrees:

1. To lease certain motor vehicle equipment to Corrugated Containers;

2. To maintain the equipment in workable condition, using its own labor and materials;

3. To supply...

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