Ingraham v. Schaum & Uhlinger
Supreme Court of Pennsylvania
Appeal, No. 262, Jan. T., 1893, by plaintiff, Edward Ingraham, from order of C. P. No. 2, Phila. Co., March T., 1892, No. 331, discharging rule for judgment for want of sufficient affidavit of defence. Assumpsit for royalties on sale of unpatented device. From plaintiff’s statement it appeared that on Feb. 16,1891, plaintiff granted to defendants by an instrument in writing the right to build his “patent witch motion ” at a royalty of five dollars per machine.
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Appeal, No. 262, Jan. T., 1893, by plaintiff, Edward Ingraham, from order of C. P. No. 2, Phila. Co., March T., 1892, No. 331, discharging rule for judgment for want of sufficient affidavit of defence. Assumpsit for royalties on sale of unpatented device. From plaintiff’s statement it appeared that on Feb. 16,1891, plaintiff granted to defendants by an instrument in writing the right to build his “patent witch motion ” at a royalty of five dollars per machine. The right was given for one year with the privilege of renewal. At the date of the contract plaintiff had applied for letters patent…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
Edward Ingraham, appellant, entered into a written agreement with Sehaum & Uhlinger, appellees, by which he granted to them for one year the right to build and attach, to certain machines they were to construct, his “ patent witch motion,” for a royalty of five dollars on each, to be paid to him quarterly, for such machines as they had then sold. It was stipulated therein that if they built, and supplied the demand for, good and satisfactory machines, they should have the privilege of *91renewing the agreement. The right thus granted to the appellees expired…
2Cited by4 opinions
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- Hanson v. Hall Manufacturing Co.Supreme Court of Iowa · 1918
- Acme Chair & Metal Crafts Co. v. Northern Corrugating Co.Wisconsin Supreme Court · 1932