Barnett v. Q. & C. Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the O. & C. Company against Otto R. Barnett and the P. & M. Company. Decree for complainant, and defendants appeal.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the O. & C. Company against Otto R. Barnett and the P. & M. Company. Decree for complainant, and defendants appeal. On April 30, 1907, in the settlement of conflicting patent rights on so-called anti-creepers or rail anchors, Quincy--Manchester-Sargent Company, predecessor of and which for the purposes of this case may be deemed identical with Q. & O. Company, Quincy, who controlled it, Belle City Malleable Iron CcLipony, Dans & Sponenlrarg Company, Scott…
1Opinion of the CourtMack, Circuit Judge
(after stating the facts as above). While the parties have presented, both in briefs and in oral arguments, their respective contentions as to the true construction of the several agreements, we deem it unnecessary for the purposes of this case to determine whether the minimum royalty and termination provisions of the anti-creeper contract became a part of the Vaughan contract and license, or whether either by reason of the express incorporation therein of certain other parts of tire earlier contract or because of the M. W. Supply Company’s interest in having the Q. & C. Company act as…
2Cases cited1 opinion
- Guffey v. SmithSupreme Court of the United States · 1915
3Cited by3 opinions
- Wells v. First National Exhibitors' Circuit Inc.Supreme Court of Georgia · 1919
- Waugh v. Q. & C. Co.Court of Appeals for the Seventh Circuit · 1926
- Foundry Services Inc. v. Beneflux Corp.District Court, S.D. New York · 1953