WINDES, Justice.
Appellant, a plumbing contractor, purchased plumbing supplies from appellee. Appellee charged against him two per cent sales tax under the Excise Revenue Act of 1935 as amended. Of the supplies so purchased eighty per cent thereof were used by appellant in fulfilling contracts or subcontracts. Appellant refused to pay the tax on such purchases so used. The trial court ordered judgment for the appellee.
By proper assignments of error the question...
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