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JOHNSON COMPANY v. WHARTON

No. 114.

152 U.S. 252 (1894)

14 S.Ct. 608

38 L.Ed. 429

JOHNSON COMPANY, v. WHARTON.

Supreme Court of United States.

Decided March 5, 1894.

Attorney(s) appearing for the Case

Mr. Wayne Mc Veagh, (with whom were Mr. George Harding and Mr. George J. Harding on the brief,) for plaintiff in error.

Mr. Frank P. Prichard, (with whom was Mr. John G. Johnson on the brief,) for defendant in error.

MR. JUSTICE HARLAN, after stating the facts, delivered the opinion of the court.

The question, upon the merits, which the defendant's affidavit of defence presented, was whether the girder guard rails manufactured and sold by it were covered by the Wharton patent and by the license granted by the agreement of November 24, 1885. But that precise question, it is admitted, was presented and determined in the former suit between the same parties. And we are to inquire...

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