Dayton v. Gibbons & Reed Co.

WADE, Chief Justice.

Jack Dayton, doing business as the Arrow Sand and Gravel Company, appeals from a judgment of the district court dismissing his action against Gibbons & Reed Company, respondent herein.

*298The action was commenced by appellant to recover from respondent the amount the State Tax Commission has required appellant to pay for sales taxes due for sand and gravel concrete aggregate sold, supplied and delivered by appellant under a subcontract with respondent and used by respondent in fulfillment of a prime contract with the United States government for the construction of airstrip…