William M. Hardie Co. v. Lamborn

On the first hearing of this ease in this court, it was held that the Hardie Company, plaintiff in error here, was estopped by its conduct from denying the seller’s right to change the declaration or from refusing the goods on the ground thereof. 1 F.(2d) 679. On the retrial in the lower court, at the conclusion of all the evidence, the -District Judge, following what he conceived to be the effect of the opinion of this court, directed a verdict for the plaintiff in a sum which was clearly due it if the defendant was liable. The evidence on that trial, while more detailed as to the…