Benz v. Celeste Fur Dyeing & Dressing Corp.

FRANK, Circuit Judge.

We cannot agree with plaintiffs’ contention that the trial judge’s decision involved a determination of issues of fact which either were or should have been left to the jury. He had instructed the jury to interpret the claims in suit as not requiring the use of cresol. In subsequently reaching his decision to enter judgment for the defendants despite the verdict, he dealt solely with questions of "law,” there being no issues of fact bearing thereon which should have been submitted to the jury.

We agree with the judge that there was no evidence that Calva had disclosed to…