Opinion
March 27, 1953.
Appeal from the Harlan Circuit Court, Harlan County, Astor Hogg, J.
Cleon K. Calvert, Pineville, for appellant.
J.C. Baker, Harlan, for appellee.
Motion for an appeal from the Harlan Circuit Court denying recovery in an action for $304.47 for whiskey sold by movant, a wholesale dealer, to opposed, a retail dealer.
The Court is of the opinion that the sale made by movant was a sale on credit, which is prohibited by KRS 244.040(1), and the statute by its express provision denies recovery to the seller.
Appeal denied. Judgment affirmed.