National Can Co. v. Fellows

This case is here the second time. The first review was reported in 257 Fed. 970, 169 C. C. A. 120, where the facts are stated. The testimony upon the second trial was not substantially different from that on the first; but, in supposed pursuance to our opinion, the court directed a verdict for the plaintiff, computing interest at 5 per cent., the legal rate in Michigan, from the time when the royalty installments became payable.

The verdict was properly directed for plaintiff. The two propositions which defendant sought to submit to the jury were that plaintiff was guilty of fraud or was…