JAY-OX, INC. v. Square Deal Junk Co., Inc.

The opinion of the court was delivered by

Harman, C.:

This is a suit for money judgment for material and services rendered. Primarily the account was for recovery for certain steel cylinders which defendant allegedly failed to return to plaintiff. Trial to the court resulted in a judgment for plaintiff from which defendant appeals.

Although there was some dispute in the evidence the background of the action may be summarized as follows:

Oxygen Service Company is now a division of plaintiff-appellee Jay-Ox, Inc. Prior to its merger with Jay-Ox it commenced in 1960 selling to defendant-appellant…