Mayer v. Hartman

This action was brought to recover a balance of $915 due on an account for coal sold by Mayer to Hartman. The answer set up as a defense that the coal was sold by plaintiff in violation of an ordinance of the city of Kansas City, Kan., which made it unlawful for any person to engage in the business of a jobber or wholesale merchant without having paid an occupation tax.

The case was referred to a referee, who found that at the time of the transaction plaintiff was engaged in the business of selling coal at wholesale in Kansas City, *789Kan., and had not taken out a license to engage in business;…