Boss v. Hardee

This case is on appeal for the second time. 68 App.D.C. 75, 93 F.2d 234. On the first we remanded to the trial court with instructions to make definite findings of fact. Thereupon the decree was set aside, and the parties were given leave to amend their pleadings and present further evidence. Plaintiffs amended their bill, defendant answered, additional evidence was taken, and the trial judge filed amended findings of fact, to which the parties agreed. On the basis of these findings plaintiffs’ bill was dismissed. From this decree the present appeal is taken.

The facts are undisputed and show…