Armstrong v. Driscoll Construction Co.

The Driscoll Construction Company, defendant in error here, plaintiff below, brought this action to recover from plaintiff in error, defendant below, a refund of tax paid on gasoline used and consumed by it in state highway construction. General and special demurrers to the complaint were interposed, both of which were overruled. Election was made to stand on the demurrers, and judgment was accordingly entered in favor of defendant in error. Reversal is sought on a writ of error. Herein reference will be made to plaintiff in error as the treasurer, and to defendant in error as the company.

The…