Electrical Products Consolidated v. Smyser

The plaintiff-appellant, Electrical Products Consolidated, a corporation, brought this action to recover with respect to a Neon sign furnished in 1940 to a restaurant then owned by Howard E. Chambers and operated by him under the name of “Nifty Hamburger.”

On May 17, 1941, Chambers executed a bill of sale, conveying all the property, equipment, supplies, good will, etc., of the Nifty Hamburger to Marjorie Ann Smyser, a daughter of Ray Smyser. At the trial of this action, she testified, stoutly and repeatedly, that she was the real purchaser and owner, although, in giving a deposition before…