Ellis v. Montgomery & Crawford, Inc.

The opinion of the Court was delivered by

Mr. Justice Bonham.

The facts upon which this litigation is founded are stated in the order of Judge Greene, from which this appeal comes to this Court, which order will be reported and, hince, need not be repeated here.

We are in accord with the order of Judge Greene, with the exception of a slight modification. The opinion of the learned Circuit Judge as thus expressed is too broad:

“The Court knows that hammers of various types are simple tools on sale in thousands of retail stores, in constant and common use, and not ordinarily thought of in…