Skinner v. Walter A. Wood Mowing & Reaping MacHine Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme- • Court in the third judicial department, entered upon an order made September 13, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme- • Court in the third judicial department, entered upon an order made September 13, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought in June, 1890, to recover royalties-from September 1, 1884, for the use by defendant of an oiler to be attached to agricultural machines, a patented invention, under a parol contract which the complaint alleged was-entered into with plaintiff in February, 1872, by which defendant agreed to manufacture and use said invention and to attach it…
1Opinion of the CourtFinch, J.
We deem it our duty to affirm this judgment upon two of the propositions asserted by the General Term, but without any further exju’ession of opinion as to other matters which were brought into the discussion.
We agree that the contract between the parties established substantially the relation of licensor and licensee of a patented invention, and that the plaintiff’s cause of action to recover compensation was not entire, so that the one judgment previously obtained exhausted the whole right of action upon the contract, but was and is in the nature of a demand for royalties, dependent upon…
2Cited by22 opinions
- Automatic Radio Mfg. Co. v. Hazeltine Research, Inc.Court of Appeals for the First Circuit · 1949
- The Armstrong Co. v. Shell Co. of Cal.California Court of Appeal · 1929
- Martin v. New Trinidad Lake Asphalt Co.District Court, D. New Jersey · 1919
- Lathrop v. Rice & Adams CorporationDistrict Court, W.D. New York · 1936
- Universal Rim Co. v. ScottDistrict Court, N.D. Ohio · 1922
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