Great Eastern Refining Corp. v. Shank

Hatcher, Judge:

This is an action in assumpsit brought in the Circuit Court of Cabell County. From a judgment in favor of the defendant for $1,293.07, the case is here on error.

The plaintiff is a manufacturer of gasoline in Kentucky, about twelve miles from Huntington, "West Virginia. The defendant sells gasoline at both Avholesale and retail in Huntington, where he operates several service stations.’ As part of his equipment for handling gasoline, he has two storage tanks with an aggregate capacity of about 30,000 gallons. The gasoline shipped to him in tank cars is unloaded' into these…