215 F. 79 | 6th Cir. | 1914
The facts are fully enough stated in our opinion upon our review of the first trial. 205 Fed. 209, 123 C. C. A. 397. Upon the new trial, the question of the amount due was sub
The evidence to which all the assignments of error directly or indirectly relate was. to the effect that the Pump Company discovered how large Llera’s profits were going to be, and protested, that lie-justified himself by claiming that he had. to divide his profits with agents for the purchaser of the pump, and that thereupon the company’s officers refused to have anything.to do with what they called, “graft.” This development might or might not have justified the company in repudiating, its contract with Llera and have sustained the-defense that there was no breach by it; in other words, that Llera, not the company, broke the original contract. However, the New York judgment established both the existence of some binding contract and that the Pump Company broke the contract without justification. The company could not' litigate that question over again, in the present case ; and it cannot complain of rulings which embarrassed its attempt to-do so.
The judgment is affirmed, with costs.