Schutte & Koerting Co. v. Wheeler Condenser & EngineerIng Co.

DICKINSON, District Judge.

The action is in assumpsit by the licensor against.the licensee of a patent for agreed royalties. The defense set up is broadly failure of consideration. This, however, expresses the nature of the real controversy neither fully nor accurately. The issue sought to be raised is best disclosed by a short fact statement.

*159Plaintiff was the owner by assignment of letters patent, No. 968,926 for “multi-stage vacuaters.” On June 27, 1918, it granted to defendant “the sole right to manufacture,'sell, and use,” in consideration of defendant’s agreement to pay to plaintiff a…