Alabama MacHinery & Supply Co. v. Boyd

Plaintiff invented a tractor wheel, and entered into a written contract with defendant (the salient features of which appear in the report of the case) for the manufacture and sale thereof, under the terms of which plaintiff was to receive a stipulated royalty. The royalty was not paid in full, and in this action plaintiff recovered a judgment therefor, from which defendant prosecutes this appeal.

Plaintiff made effort to have his invention patented, but thus far to no avail. His failure in this particular is made the basis for an alleged fraud, in that in some of the pleading to avoid the…