Beebe v. Johnson
New York Supreme Court
This was an action of covenant, tried at the Jefferson circuit in December, 1835, before the Hon. Hiram Denio, then one of the circuit judges.
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This was an action of covenant, tried at the Jefferson circuit in December, 1835, before the Hon. Hiram Denio, then one of the circuit judges. On the 21st January, 1833, Johnson, for the consideration of $5000, conveyed by deed to Beebe the sole and exclusive right to make, use, and vend in Upper and Lower Canada, in certain counties of this state, and in other places, a threshing machine which had been patented to one Warren, and covenanted to perfect the patent right in England as soon as practicable and within a reasonable space of time, so as to secure to Beebe the entire control of the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
It is supposed by the counsel for the defendant that a legal impossibility prevented the fulfilment of the covenant to perfect the patent right in England, so as to secure the monopoly of the Canadas to the plaintiff, and hence that the obligation was dispensed with, so that no action can be main*502tained. There are authorities which go that length, Co. Litt. 206, b.; Shep. Touch. 164; 2 Co. Litt. 26: Platt on Cov. 569; but if the covenant be within the range of possibility, however' absurd or improbable the idea of the execution of it may be, it will be upheld: as…
2Cited by63 opinions
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- The HarrimanSupreme Court of the United States · 1870
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