Highland Milk Condensing Co. v. Phillips

BUFFINGTON, Circuit Judge.

In the court below the Highland Milk Condensing Company brought suit against the collector to recover income tax alleged to have been wrongfully assessed and collected under protest. By stipulation, jury trial was waived* and the ease tried by a judge. In his finding of facts and opinion the whole matter is stated in detail, and need not be here related, as the question involved narrows itself to this: Where a manufacturer sells and delivers goods, and receives the invoiced prices 'therefor, with the understanding that the purchasers will be insured against loss from…