Brown v. Gesellschaft Fur Drahtlose Telegraphie, M. B. H.

MILLER, Associate Justice.

On a former appeal 1 we decided that appellant was not entitled to recover upon the identical contract which is involved in the present appeal, and remanded the case for further proceedings not inconsistent with the opinion rendered therein. The lower court thereupon entered an order for costs in favor of appellee and for a new trial. The parties stipulated “that the issues of fact herein may be tried and determined by the Court without the intervention of a jury, a jury being hereby waived, and further that the evidence adduced at the former trial of the issues…