Konishi Kotakudo Co. v. United States

Bland and Lenroot, Judges,

concurring;

We concur in the result arrived at by the majority. We dissent from the reasons assigned for arriving at such conclusion—

First, because the court is not justified in concluding that the evidence shows that there was a single use (a single class of uses is not found) for the merchandise involved. The court below tried the case upon the theory that there was more than one use shown and affirmatively found that the evidence did show more than one use. *359In this court the case was argued with unanimity of opinion that there was more than one use shown, the…