Legal Opinion

Whitehill v. Shickle

Supreme Court of Missouri

Decided March 15, 1869PublishedCited by 17 opinions

Appeal from St. Louis Circuit Court. This suit was an action at law brought by plaintiff on certain articles of agreement concerning the manufacture of “Magic Filters,” signed by plaintiff and defendants, and which provided, among other agreements, the following: “The parties of the first part” (Randall & Shiclde) “agree with the party of the second part ” (Whitehill) “ to give, and do hereby give him, one-third of the net profits arising from the sale of said filters, and…

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Appeal from St. Louis Circuit Court. This suit was an action at law brought by plaintiff on certain articles of agreement concerning the manufacture of “Magic Filters,” signed by plaintiff and defendants, and which provided, among other agreements, the following: “The parties of the first part” (Randall & Shiclde) “agree with the party of the second part ” (Whitehill) “ to give, and do hereby give him, one-third of the net profits arising from the sale of said filters, and from the sale of all patent rights wherever the same may be introduced, on the following conditions, to-wit: The said…

1Opinion of the CourtBliss, Judge

Suit was brought upon a contract between the parties, by which the plaintiff agreed to devote his time and advance the necessary funds until the profits should meet the expenses, for the manufacture and sale of a patent filter invented by defendants. He was to receive one-third of the net profits arising from the sale of the filters and the disposition of rights to the patents, and, after deducting all his advances, he was to pay to defendants two-thirds of the net proceeds of the business, and reserve to himself one-third, both to cover his interest and pay for his services. The defendants…

2Cases cited3 opinions

  1. Vorebeck v. RoeNew York Supreme Court · 1867
  2. Meyers v. FieldSupreme Court of Missouri · 1866
  3. Hitchcock v. SawyerSupreme Court of Vermont · 1867

3Cited by17 opinions

  1. Costelo v. CrowellMassachusetts Supreme Judicial Court · 1883
  2. Lengle v. SmithSupreme Court of Missouri · 1871
  3. Boehne v. MurphySupreme Court of Missouri · 1870
  4. Claim of Bench v. Estate of EganSupreme Court of Missouri · 1963
  5. Cochran v. BartleSupreme Court of Missouri · 1887

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