Sinkwich v. E. F. Drew & Co.

Appeal from an order denying defendant’s motion to dismiss an amended complaint, pursuant to rule 106 of the Rules of Civil Practice upon the ground that the complaint does not state facts sufficient to constitute a cause of action. The complaint attempts to state two causes of action. The first cause of action is essentially a suit for the recovery of royalties, although other elements are pleaded. From the written agreements, appended to the complaint these facts may be gleaned. Plaintiff granted a license to defendant’s predecessor to manufacture and lease a patented machine, and an option…