Rayson v. Rush

This is a declaratory judgment proceeding in which plaintiff seeks a declaration that he is entitled to a 37 per cent interest in a patent on a lawn and parking lot sweeping machine, and in the proceeds of the sale of the patent. He also asked for an accounting of what is due him from money received by defendant or by others on defendant’s behalf.

The parties agreed that the case was equitable in nature and it was tried accordingly. After hearing the evidence the trial court held that plaintiff was not entitled to relief, and entered a decree dismissing the complaint. Plaintiff appeals.

When a…