Omaha & Grant Smelting & Refining Co. v. Rucker

On the former hearing of this case judgment of the district court was reversed. On reargument it is found that the court was misled, and the former decision not warranted. The *335former finding of the court must be set aside and the judgment of the district court affirmed.

Plaintiff brought suit against Stanley G. Wight, Rucker, the defendant, and others to recover money paid by the plaintiff for ores bought as alleged from the defendant, the title to such ores was found to be in other parties and plaintiff was compelled and did pay for the ore to the owner; See, O. & G. S. & R. Co. v. Tabor et…