Undercofler v. Foote & Davies, Inc.

Frankum, Judge.

Foote & Davies, Inc. sued the State Revenue Commissioner to recover sales and use taxes paid under protest to the defendant. Pursuant to an agreement of the parties the case was tried before a judge of the superior court on a stipulation of facts, and the sole question presented by this appeal is whether his finding and judgment in favor of the plaintiff was authorized. Insofar as material to the question presented, the facts stipulated showed: Plaintiff was engaged in business as a commercial printer, and in the course of such business purchased lithoplates and materials for…