Lucas v. Individual Mausoleum Co.

The opinion of the court was delivered by

Smith, J.:

This was an action to recover a commission for the sale of patent rights. Judgment was for defendant. Plaintiff appeals.

Appellee is engaged in the business of manufacturing concrete burial vaults. It has the patent on this burial vault. Appellant was employed by appellee to sell the right to sell this patent burial vault in certain territory. The contract was in writing. By its terms appellant was to be paid 25 per cent commission upon the gross price at which patent rights in various units of territory were sold by appellant. The contract…