Empire Paving & Construction Co. v. Prather's Administrator

On November 1, 1890, the plaintiff on the one part, and the defendant’s intestate and one Yon Phul on the other part, entered into a written contract, the material portions whereof which bear on the present inquiry are as follows:

“This agreement, made between the Empire Paving and Construction Company, hereinafter called the party of the first part, and Yon Phul and Prather, hereinafter called the party of the second part.

“Whereas, the said party of- the first part is the owner of two patents for an improvement in artificial stone block pavement, and whereas, the said party of the second part…