Leister v. Kelley

Opinion op the Court by

Sims, Commissioner—

Affirming.

By agreement of parties these two cases were tried together below and the appeals having been heard together in this court, both cases will be disposed of in this opinion.

Appellees, Kelley and Stapp, plaintiffs below, were each engaged in the retail liquor business in Lexington, Kentucky, and appellant, defendant below, was a common carrier operating a line of trucks from Louisville to Lexington. On January 21, 1937, Kelley purchased forty-four cases of whiskey from the Old Colonel Distributing Company of Louisville, and on that same day…