CLAY, Commissioner.
Plaintiff appellant brought suit against defendant appellee to recover approximately $19,000 it had paid the Commonwealth of Kentucky as taxes upon diesel fuel delivered to defendant over a three-and-one-half-year period from 1961 to 1965. The trial court submitted to the jury the issue of whether defendant had agreed to pay these taxes and the jury found for it. Several questions are raised on this appeal, but our disposition of the case makes...
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