Jones v. Burnham
Supreme Judicial Court of Maine
On exceptions, from the superior court. Assumpsit, on a written contract, to recover royalty under a license, dated August 25, 1874, for the years from 1874 to 1878, inclusive, given by plaintiffs to defendants, upon what is known as, the “Green com patents.”
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On exceptions, from the superior court. Assumpsit, on a written contract, to recover royalty under a license, dated August 25, 1874, for the years from 1874 to 1878, inclusive, given by plaintiffs to defendants, upon what is known as, the “Green com patents.” The case presented by the plaintiffs was that the defendants had taken the license from the plaintiffs to make use of letters patent of the United States, No. 34,928 and No. 35,274, and had agreed to pay twenty-five cents for every dozen of cans of green corn packed; and that during the year 1875 the defendants packed 33,830 dozen of…
1Opinion of the CourtAppleton, C. J.
On the 25th of August, 1874, these ¡plaintiffs having letters patent of the United States, as assignees of Isaac Winslow, for certain improvements in Indian corn preserved green, gave the defendants, who were “desirous of manufacturing and selling the product protected by said patent,” a license to manufacture the patented article in this state “during the remaining years of the life of the patent,” for which they agreed to pay the royalty specified in the license, upon all corn packed by them.
They packed during the season of 1875, 33,830 dozen cans, and this suit is brought to recover the…
2Cases cited4 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Kinsman v. ParkhurstSupreme Court of the United States · 1856
- Saxton v. DodgeNew York Supreme Court · 1870
- Johnson v. Willimantic Linen Co.Supreme Court of Connecticut · 1866
3Cited by6 opinions
- Eastern States Petroleum Co. v. Universal Oil Products Co.Court of Chancery of Delaware · 1938
- Ferry-Hallock Co. v. Progressive Paper Box Co.New Jersey Court of Chancery · 1909
- Forncrook Manufacturing Co. v. E. T. Barnum Wire & Iron WorksMichigan Supreme Court · 1884
- Thomson Spot Welder Co. v. Oldberg Manfg. Co.Michigan Supreme Court · 1926
- Thomson Spot Welder Co. v. Fairbanks Co.Court of Appeals of Georgia · 1928
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