Headley Good Roads Co. v. Barber Asphalt Paving Co.

DAVIS, Circuit Judge.

The parties will be referred to as they appeared in the District Court. The plaintiff instituted these proceedings to recover royalties alleged to be due it in accordance with a license agreement under letters patent No. 956,009, for a method of making roads l?y the use of a specified bituminous emulsion. The agreement covered another patent, but it was never used and has nothing to do with the decision in this case. The defendant operated under the license and paid the stipulated royalties for all the emulsion sold except that sold to railroads which was used in building…