Gatling v. Newell

This case was heretofore before this Court upon the pleadings (7 Ind. R. 147), and again after trial *119(9 Ind. R. 572); and a rehearing having been petitioned for, by the appellees, and granted, as to certain points, we again considered the case as to those points.

In regard to the points decided by -the opinion in 9 Ind. R., against the rulings of the Circuit Court, and upon which a rehearing was granted, we have experienced much difficulty in coming to a conclusion.

It will be remembered that it was alleged that certain false representations were made, as to the superiority of the patent and…