Stone v. M. L. Virden Lumber Co.

Appellee brought suit against appellant to recover a tax refund of $371.74 sales tax paid by it under protest upon an assessment by appellant alleged to be due as a consequence of appellee’s having engaged in the business of selling real property within this state. A demurrer to the declaration was sustained, and, upon appeal to this court, the judgment of the lower court was reversed and the cause remanded. M. L. Virden Lumber Company, Inc. v. Stone, Miss., 33 So. (2d) 841.

After the case went back to the lower court the appellant filed a plea of general issue and also a plea of set-off…