Seybold v. Pitz

OPINION

By FESS, J.

Appeal on questions of law from a judgment of the Common Pleas Court in favor of plaintiff-appellee and against defendant John G. Pitz.

Plaintiff was a wholesale distributor of flooring materials and the defendant Graham, who is not a party to this appeal, was engaged in business as Linden Flooring Company in Columbus, Ohio, selling such materials at retail and frequently installing them. For some time prior to 1951 plaintiff had sold materials to Graham, which were recorded upon plaintiff’s books of account. During the year 1951, various sales of materials were made to…