
    GROSS v. JOHNSON et al.
    Court of Appeals of Kentucky.
    March 27, 1953.
    Cleon K. Calvert, Pineville, for appellant.
    J. C. Baker, Harlan, 'for appellee.
   PER CURIAM.

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 denie's recovery to the seller.

Appeal denied. Judgment affirmed.  