Burrall v. Jewett
New York Court of Chancery
The bill in this cause was filed in 1826. It stated, among other things, that in March, 1823, the defendant, for the consideration of $500, sold to the complainant the exclusive right and liberty of making, using and vending “ Ballou’s patent improved threshing and winnowing machine,” for the counties of Ontario and Yates; and that the defendant in the assignment covenanted that he had authority to convey such exclusive right; and warranted the same right to the complainant,…
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The bill in this cause was filed in 1826. It stated, among other things, that in March, 1823, the defendant, for the consideration of $500, sold to the complainant the exclusive right and liberty of making, using and vending “ Ballou’s patent improved threshing and winnowing machine,” for the counties of Ontario and Yates; and that the defendant in the assignment covenanted that he had authority to convey such exclusive right; and warranted the same right to the complainant, his heirs and assigns, for the term of 14 years from the date of the patent, which was granted to Seth Ballou in…
1Opinion of the Court
The Chancellor.
This suit cannot be sustained on the ground assumed in the first point of the complainant. The charge of fraudulent misrepresentation and concealment is fully denied in the answer; and there is nothing in the proofs in the case to induce the court to believe the answer in this respect is not strictly true. The testimony of Jones is calculated to support this part of the answer rather than to impeach it. The rights were sold early in the spring, and some time in the summer thereafter the defendant showed the specification he had subsequently obtained from Washington to Jones,…
2Cases cited1 opinion
- Livingston v. Van IngenU.S. Circuit Court for New York · 1811
3Cited by7 opinions
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- Hovey v. . Rubber Tip Pencil Co.New York Court of Appeals · 1874
- Champlin v. LaytinNew York Court of Chancery · 1836
- Middlebrook v. . BroadbentNew York Court of Appeals · 1872
- Rice v. GarnhartWisconsin Supreme Court · 1874
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