Standard Button Fastening Co. v. Harney
Massachusetts Supreme Judicial Court
Contract to recover for the use of a patented machine. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, which, so far as material to the point decided, were as follows.
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Contract to recover for the use of a patented machine. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, which, so far as material to the point decided, were as follows. The plaintiff and the defendants, on or about January 7,1889, executed a certain instrument by which the plaintiff “leas'ed” to the defendants a machine made by the plaintiff for fastening buttons upon boots and shoes at a certain “ rent,” to be paid by them for each month’s use thereof. On February 4 following, it was decided by the United States…
1Opinion of the CourtHolmes, J.
The only question not waived is whether the agreed facts show any defence to the plaintiff’s claim for compensation or rent for the defendants’ use of the machine made by the plaintiff and let to the defendants. To answer this, it is not necessary to consider whether the defendants had a right to avoid or terminate the so called lease to them. It is enough to say that they did not do so before the end of the use for which they are sued, and, so far as appears, have not done so to this day. In order to end the lease they were bound to restore to the plaintiff the machine which they held under…
2Cited by6 opinions
- Dealtry v. Selectmen of WatertownMassachusetts Supreme Judicial Court · 1932
- Eno v. Prime Manufacturing Co.Massachusetts Supreme Judicial Court · 1943
- Standard Button Fastening Co. v. EllisMassachusetts Supreme Judicial Court · 1893
- Falk v. LevineDistrict Court, D. Massachusetts · 1945
- Wilkinson v. Blount Manufacturing Co.Massachusetts Supreme Judicial Court · 1897
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