Keene Mach. Co. v. Barratt
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The declaration is in assumpsit, and charges a failure by the defendants, Barratt and Gormley, to erect seventy-five fuel economizers and smoke .consumers under certain letters patent of t,l(fe United Slates and of Canada, and to pay a stipulated royalty thereon to the plaintiff, the Keene Machine Company, according to a contract bearing date August 11, 1894,…
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The declaration is in assumpsit, and charges a failure by the defendants, Barratt and Gormley, to erect seventy-five fuel economizers and smoke .consumers under certain letters patent of t,l(fe United Slates and of Canada, and to pay a stipulated royalty thereon to the plaintiff, the Keene Machine Company, according to a contract bearing date August 11, 1894, which contains the following provisions: “First. Edgar G'. Barratt and James H. Gormley shall pay Keene Machine Company a…
1Opinion of the Court
"WOODS, Circuit Judge,
after stating the case, delivered the opinion of the court.
The assignment of errors contains many specifications which are unavailing. They are to the effect that the court erred in its several findings of fact, in refusing to make findings requested, in finding matters of evidence instead of the ultimate facts, and in finding as fact matter of law. The first five specifications are objectionable, for the reason that they do not set out, as required by rule 11. of this court (32 C. C. A. Ixxxviii., 90 Fed. cxlvi.), the substance of the evidence referred to, and áre…
2Cases cited9 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Martinton v. FairbanksSupreme Court of the United States · 1885
- Felton v. SmithIndiana Supreme Court · 1882
- King v. Administratrix of GilsonIllinois Supreme Court · 1863
- Reese v. SmithSupreme Court of Missouri · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- H. Goodman & Sons, Inc. v. RubinDistrict Court, S.D. New York · 1933
- Davis v. DaughertyCourt of Appeals for the Seventh Circuit · 1901