Rubsam Corp. v. General Motors Corp.

(On Motion por Behearing.)

Our attention has been directed, on application for rehearing, to an error in our original opinion reported ante, 691, in that we did not determine whether defendant had used plaintiff’s inventions therein designated as the “second,” “third” and “fourth” patents, numbered and dated as follows: 1,576,225 — March 9, 1926; 1,576,226— issued the same day, and 1,622,846- — March 29, 1927.

Be-examination of the findings, upon which judgment was entered below for defendant, shows that the circuit judge did not determine whether defendant ever used plaintiff’s “second,”…