American National Co. v. Thompson Spot Welder Co.

The sole question presented to the court in this proceeding in error is whether or not the court of common pleas erred in sustaining a demurrer to the answer.

The plaintiff below, the Thompson Spot Welder Company, brought an action against the defendant, the American National Company, to recover the so-called royalty upon a contract licensing a spot-welding machine. After a demurrer to the answer was sustained, the defendant below not desiring to plead further, a judgment was entered in favor of the plaintiff for the amount claimed, with interest.

After averring, the corporate existence of the…