43 A.2d 98 | Pa. | 1945
This is an action in assumpsit by the Commonwealth of Pennsylvania, appellant, against Socony Vacuum Oil *528
Company, Inc., appellee, to recover $33,269.66 with interest and attorney general's commission. Suit was brought on an alleged contract of guaranty executed by Vacuum Oil Company, predecessor of appellee, guaranteeing payment of liquid fuel taxes and penalties finally established and legally chargeable to the Hi-Grade Gas and Oil Co., Inc., a Delaware corporation, by reason of its acquisition of assets of any individuals, firms or corporations engaged in selling liquid fuels in Pennsylvania. This case was before us in Commonwealth ex rel.,v. Socony Vacuum Oil Company, Inc.,
Findings of fact by a hearing judge, approved by the court en banc, have the force and effect of the verdict of a jury, and on appeal will be disturbed only when arbitrarily and capriciously made. There is ample evidence in this record to support the findings and conclusions of the court below.
Judgment affirmed. *529