Hyman-Michaels Co. v. Fox

HOUGH, Circuit Judge.

The trial having been by the court, and a general finding having been made, all questions of fact are conclusively presumed to have been resolved in favor of defendants below. This inexorable rule is of small importance here, because we cannot perceive that there is any dispute as to what happened, and why it occurred ; but some parts of the argument made appear to us to neglect this point of practice law, hence the mention of it.

Plaintiff had, as pleaded, three several contracts with defendant for the sale of steel rails, and this action is to recover the sale price…