Griswold v. Dixie Foundry Co.

DARR, District Judge.

The defendant has a motion (1) to require plaintiff to declare whether he intends his suit to be one upon contract or ■one upon tort, and (2) to dismiss by virtue of certain Tennessee statutes.

The second ground of the motion will be first considered.

The plaintiff, as an inventor, entered into a contract with the defendant, a manufacturer, whereby the defendant would manufacture certain patented articles upon royalty basis. On the charge that the defendant has failed to comply with the contract, the plaintiff claims damages.

Jurisdiction arises by virtue of diversity of…