Wilbur-Ellis Co. v. Kuther

Respondent is the owner of a combination patent covering a fish-canning machíne. A number of machines covered by the patent were manufactured and sold under his authorization. Among them were the four machines in suit, petitioner Wilbur-Ellis Company being the second-hand purchaser. Respondent received out of the original purchase price a royalty of $1,500 per machine. As originally constructed each of these machines packed fish into “1-pound” cans: 3 inches in diameter and 4n/i6 inches high. Three of the machines when acquired by Wilbur-Ellis were corroded, rusted, and inoperative; and all…