Commonwealth Banking & Trust Co. v. Smith & Oby Co.

By the Court.

In the case of Commonwealth Banking & Trust Company v. Smith & Oby Company, cause No. 20744, a rehearing was granted and the case reargued and again submitted to the court; upon consideration thereof, the court adhered to its former conclusion, announced on March 28, 1928, ante, 514.

The case of John C. Boehm, Co. v. Commonwealth Banking & Trust Co., cause No. 21084, was argued and submitted to the court' at the same time as the Smith S Oby Company case.

The court is of opinion that there is some evidence tending to support the claim of the plaintiff in error as to the knowledge…