Leopold v. Rock-Ola Mfg. Corp.

McCORD, Circuit Judge.

This is the second appeal of this case. A statement of the facts and applicable law will be found in the former opinion. Rock-Ola Manufacturing Corporation v. Leopold, 5 Cir., 98 F.2d 196, 117 A.L.R. 1101.

On the first trial the court refused to permit the defendant to introduce evidence tending to show the insolvency of the plaintiff, Joe Leopold. We reversed the case and held that if Leopold was insolvent the right of the seller to demand cash for the weighing machines was “paramount to the buyer’s right to receive the goods.” [98 F. 2d 198, 117 A.L.R. 1101.] We further…