Industrial Gas Co. v. Jones

Sherick, P. J. .

This is an appeal on questions of law and fact brought to this court by the plaintiff, which was denied relief by the trial court. The matter by agreement was tried in this court upon the record made below, supplemented by additional evidence offered and received on behalf of the plaintiff.

From the petition and the evidence offered in support of its averments which are not controverted, inasmuch as the defendants offer no evidence in either court with respect thereto, we glean the following uncontradicted, proven facts:

In 1925 plaintiff’s predecessor in interest acquired a…