Ford v. Dyer
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — HoN. P. R. Elitcraft, Judge. (1) Tbe agreement made no absolute contract for tbe sale of tbe machines. Tbe agreement made no absolute contract for tbe sale of tbe territory, or tbe use of tbe patents therein. Nothing was created by tbe agreement, more than an experimental option for one year, during which time, tbe defendant might experiment, at bis own expense, on tbe machines in tbe territory.
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Appeal from St. Louis City Circuit Court. — HoN. P. R. Elitcraft, Judge. (1) Tbe agreement made no absolute contract for tbe sale of tbe machines. Tbe agreement made no absolute contract for tbe sale of tbe territory, or tbe use of tbe patents therein. Nothing was created by tbe agreement, more than an experimental option for one year, during which time, tbe defendant might experiment, at bis own expense, on tbe machines in tbe territory. (2) Tbe sending of tbe letter dated September 20,1895, and October 9, and tbe same being received by plaintiff, ended tbe option, by act of defendant under…
1Opinion of the CourtBurgess, J.
This is an action for damages for the breach of a written contract entered into between plaintiff and defendant on the twentieth day of November, 1894.
Plaintiff, having the right and privilege to dispose of state or territorial rights, to make, vend and deal in a certain kind of “gas .regulator” and “gas governor” under patents numbers 367,801 and 498,543, by virtue of certain letters patent issued to him out of the patent office of the United States, entered into a written ■ contract with defendant, substantially as follows:
“The party of the first part (Archibald Eord) does hereby bargain…
2Cases cited9 opinions
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Bryan v. WearSupreme Court of Missouri · 1835
- Chapman v. Kansas City, Clinton & Springfield RailroadSupreme Court of Missouri · 1893
- Comfort v. BallingalSupreme Court of Missouri · 1896
- Vaulx v. CampbellSupreme Court of Missouri · 1843
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
- Vincent v. MeansSupreme Court of Missouri · 1904
- Link v. JacksonMissouri Court of Appeals · 1911
- Hunt v. U.S. Fire Insurance Co. of N.Y.Missouri Court of Appeals · 1946
- Dalton v. City of Poplar BluffSupreme Court of Missouri · 1903
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