Bull v. Pratt
Supreme Court of Connecticut
THIS was an action on the case for fraud in the sale of a patent-right and licence to build, use, and dispose of a machine for manufacturing combs.
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THIS was an action on the case for fraud in the sale of a patent-right and licence to build, use, and dispose of a machine for manufacturing combs. The declaration was in substance as follows : “ That the defendant offered to the plaintiffs to assign and sell to them a patent-right and licence to build, erect, use and improve, and also liberty to dispose of a certain machine for cutting, making and manufacturing combs, in consideration of the sum of 500 dollars to be paid by the plaintiffs to the defendant ; and the defendant, that he might induce the plaintiffs to purchase said right and…
1Opinion of the Court
Swift, Ch. J.
The ground of the plaintiffs' action is, that the defendant sold to them a patent-right, when a previous patent had been given, which secured the same thing. It was not necessary that they should prove, by evidence from the office of the secretary of state, that letters patent had issued to the defendant, or the person from whom he derived his claim. It was sufficient to shew, that a previous patent had been issued to Tryon, securing the privilege of using the same machine which the defendant used, and which he had sold to the plaintiffs, whereby it was void. To shew this, the…
2Cited by1 opinion
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