Inner Shoe Tire Co. v. Treadway

BRYAN, Circuit Judge.

There was judgment for defendants below, and the plaintiff assigns error.

Plaintiff manufactures and sells an article which it calls an inner shoe, designed to be placed inside an automobile tire, and between it and the inner tube. The defendants are engaged in Houston in the business of selling automobile accessories. They signed and delivered to plaintiff’s salesman two orders, addressed to the plaintiff, for shipments of inner shoes, which were accepted by the plaintiff. The orders were upon identical printed forms prepared by the plaintiff, and contain the following…