Wildes v. . Nelson
Supreme Court of North Carolina
Appeal from Whedbee, J., at February Term, 1911, of Wake. Civil action, beard on case agreed. It was made to appear that, on 12 June, 1905, the defendant Nelson, patentee and owner of an improved paper cutter, entered into a contract with M. N. and E. M. Andrews, parties of the second part, by which the said parties acquired the exclusive right to manufacture and sell said patent and any and all improvements on the same that might be made by the party of the first part.
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Appeal from Whedbee, J., at February Term, 1911, of Wake. Civil action, beard on case agreed. It was made to appear that, on 12 June, 1905, the defendant Nelson, patentee and owner of an improved paper cutter, entered into a contract with M. N. and E. M. Andrews, parties of the second part, by which the said parties acquired the exclusive right to manufacture and sell said patent and any and all improvements on the same that might be made by the party of the first part. The parties of the second x>art contracting “to manufacture or cause to'be manufactured said paper cutter and to push sale…
1Opinion of the Court
Hoee, J.,
after stating the case: The cause, in our opinion, has been correctly decided. The contract, on which the rights of these parties depend, contains preamble and recitals:
“That whereas the party of the first part did obtain letters patent of the United States for an improvement in paper cutters, which letters patent are numbered 718722, and bear date of 20 January, 1903; and whereas the party of the first part is the sole owner of said patent and of all rights under same; and whereas the parties of the second part are desirous of acquiring the exclusive right to manufacture and sell…
2Cases cited6 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Stanley v. SchwalbySupreme Court of the United States · 1896
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Ducker v. . CochraneSupreme Court of North Carolina · 1885
- Lutz v. . ThompsonSupreme Court of North Carolina · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Coleman v. . WhisnantSupreme Court of North Carolina · 1945
- Coleman v. WhisnantSupreme Court of North Carolina · 1945
- Russ v. . HarperSupreme Court of North Carolina · 1911
- Charlotte Supply Co. v. Burriss Metal Roofing Co.Supreme Court of North Carolina · 1912
- Andrews v. . AndrewsSupreme Court of North Carolina · 1898
3 more not listed; retrieve them via the Exa API.