Hargraves v. A. B. Pitkin MacHinery Co.

The plaintiff sues to recover a sum agreed to be paid in a written contract for the sale of improvements made by him, and described in the specifications prepared for letters patent therefor ; the payment of said sum being due when said letters patent were issued.

The defendant pleads that letters patent never were issued for the invention described, but that the application therefor was rejected, and that afterwards letters patent were issued for a slight and trivial portion thereof which were other and inferior improvements of no value to the defendant and not the subject of said contract.

The…