Thurston v. Hamblin
Massachusetts Supreme Judicial Court
Bill in equity, inserted in a common law writ of the Superior Court dated July 10, 1900, against Frank H. Hamblin, William T. Russell and the Hamblin and Russell Manufacturing Company, a corporation, for an accounting for one half the net profits realized from the manufacture and sale by the defendants of certain improved wardrobe and other hooks invented and patented by the plaintiff under the terms of an agreement in writing between the plaintiff and the defendants Hamblin…
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Bill in equity, inserted in a common law writ of the Superior Court dated July 10, 1900, against Frank H. Hamblin, William T. Russell and the Hamblin and Russell Manufacturing Company, a corporation, for an accounting for one half the net profits realized from the manufacture and sale by the defendants of certain improved wardrobe and other hooks invented and patented by the plaintiff under the terms of an agreement in writing between the plaintiff and the defendants Hamblin and Russell dated October 31, 1887. The contract referred to was as follows: “This agreement made the Thirty-first day…
1Opinion of the CourtSheldon, J.
The first question in this case is raised upon the plaintiff’s claim that he was entitled to one half of the profits that might be made in any one quarter regardless of whatever losses might have been sustained in previous quarters. The result of this contention, if sustained, would be that if, after an unbroken series of losses sustained throughout many successive quarters, some profits finally should be realized in any one quarter considered by itself, he would become at once entitled to receive one half of such profits as a net gain, while the defendants would have to apply their share in…
2Cases cited1 opinion
- Wisconsin Sulphite Fibre Co. v. D. K. Jeffris Lumber Co.Wisconsin Supreme Court · 1907
3Cited by10 opinions
- Lind v. WebberNevada Supreme Court · 1913
- Attorney General v. Trustees of Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1946
- Botsford v. Van RiperNevada Supreme Court · 1910
- Berwin v. CableMassachusetts Supreme Judicial Court · 1943
- Stein v. Strathmore Worsted MillsMassachusetts Supreme Judicial Court · 1915
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