Legal Opinion

Mason v. McLeod

Supreme Court of Kansas

Decided June 6, 1896No. 8614PublishedCited by 36 opinions

Error from Greenwood District Court. Mon. C. W. Shinn, Judge. STATEMENT BY THE COURT. On December 19, 1891, T. E. B. Mason sold to Alexander McLeod the right to manufacture, sell and use a patent for an improvement in pruning-hooks in the undivided half of the state of Texas.

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Error from Greenwood District Court. Mon. C. W. Shinn, Judge. STATEMENT BY THE COURT. On December 19, 1891, T. E. B. Mason sold to Alexander McLeod the right to manufacture, sell and use a patent for an improvement in pruning-hooks in the undivided half of the state of Texas. The consideration paid by McLeod was a tract of land in Greenwood county, Kansas, together with money and personal property of the aggregate value of $800, and in addition McLeod gave to Mason his promissory note for the sum of $500. Afterward, on March 3,1892, a new agreement was entered into between the parties by…

1Opinion of the Court

The opinion of the court was delivered by

Johnston J. :

No attempt was made by Mason to comply with the statutory requirements concerning the transfer of patent-rights, and for this reason the trial court held the contract to be invalid, and adjudged a rescission. The principal question discussed *108by counsel relates to the validity of the statute in violation of which the contract was made. Among other things, it provides that it is unlawful for any person to sell a patent-right in any county of the state without filing with the clerk of the district court copies of the letters patent, and with…

2Cases cited3 opinions

  1. Patterson v. KentuckySupreme Court of the United States · 1879
  2. Herdic v. . RoesslerNew York Court of Appeals · 1888
  3. Brechbill v. RandallIndiana Supreme Court · 1885

3Cited by36 opinions

  1. People v. PaceCalifornia Court of Appeal · 1925
  2. Pinney v. First National BankSupreme Court of Kansas · 1904
  3. Ratcliff v. Wichita Union Stock-yards Co.Supreme Court of Kansas · 1906
  4. Marshall v. BeelerSupreme Court of Kansas · 1919
  5. Turney v. J. H. Tillman Co.Oregon Supreme Court · 1924

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