Philadelphia Storage Battery Co. v. Kelley-How-Thomson Co.

GARDNER, Circuit Judge.

This is an appeal from a judgment rendered in favor of appellee in an action for damages for fraud and deceit. The parties "will he referred to as they appeared below.

Plaintiff is a hardware jobber, with headquarters at Duluth, Minn., and having dealer customers throughout the Northwest, from Northern Michigan to Montana. Defendant is a manufacturer of storage bn tteries and of radios and radio accessories, which are marketed and advertised under the trade-name “Phileo.” The parties had had business relations with each other for a numlwr of years prior to the…