“The question whether a possessor be in good faith or in bad faith (legal or actual) is the sole factor in determining whether such possessor should or should not account for the fruits of his possession.”
How later courts described this case
- “The question whether a possessor be in good faith or in bad faith (legal or actual) is the sole factor in determining whether such possessor should or should not account for the fruits of his possession.”
Written by the judges who cited it.
The opinion
*413
PER CURIAM.
After a rehearing was granted on the defendants’ application, restricted to the question of liability of the plaintiff for royalties and the amount there; of, the plaintiff filed in this court an acknowledgment of liability for royalties to the amount of $2,052.59, which is all that the defendants claimed, and the plaintiff now requests that the judgment, which was reduced to $13,455.69 by the decree of this court on the 5th of October, 1926, be further reduced to $11,403.10, and that a copy of the decree be sent forthwith to the district court for execution.
It is therefore ordered and decreed that the judgment aforesaid against the defendants is hereby reduced to $11,403.10, which bears interest at 5 per cent, per annum from judicial demand, and, as thus reduced in principal, the said judgment is now made the final decree of this court.