Warren Chemical & Manufacturing Co. v. Holbrook

The defendant admitted the claim asserted by plaintiffs, which was for goods sold and delivered, and set up counter-claims, of which was allowed and a verdict given for the balance due thereon after making proper deductions. The defendant claimed to have, by arrangement with the plaintiffs, the exclusive right, within a certain and therefore specified territory, to use their patented article for roofing, and which the plaintiffs were to furnish him as it was needed.

In the fall of 1881 the New York, West Shore and Buffalo Railway Company had in contemplation the roofing of certain structures,…