WILLIAM M. HARDIE COMPANY v. LAMBORN

No. 4528.

12 F.2d 1022 (1926)

WILLIAM M. HARDIE COMPANY, Plaintiff in Error, v. Arthur H. LAMBORN et al., Copartners Doing Business under the Firm Name of Lamborn & Company, Defendants in Error.

Circuit Court of Appeals, Sixth Circuit.

June 22, 1926.


Attorney(s) appearing for the Case

Frank X. Cull, of Cleveland, Ohio (Bulkley, Hauxhurst, Jamison & Sharp, of Cleveland, Ohio, H. Austin Hauxhurst and J. Hall Kellogg, both of Cleveland, Ohio, and Lester S. Kafer, of New York City, of counsel, and Chamberlin, Kafer & Wilds, of New York City, on the brief), for plaintiff in error.

Clan Crawford, of Cleveland, Ohio, and Louis O. Van Doren, of New York City (Squire, Sanders & Dempsey, of Cleveland, Ohio, Van Doren, Conklin & McNevin, of New York City, and Alfred C. B. McNevin, of New York City, and Edw. S. Bentley, of Lawrence, N. Y., of counsel), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.


PER CURIAM.

On the first hearing of this case in this court, it was held that the Hardie Company, plaintiff in error here, was estopped by its conduct from denying the seller's right to change the declaration or from refusing the goods on the ground thereof. 1 F.2d 679. On the retrial in the lower court, at the conclusion of all the evidence, the District Judge, following what he conceived to be the effect of the opinion of this court...

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