Meurer Steel Barrel Co. v. Martin

WOOLLEY, Circuit Judge.

The plaintiff brought this action in assumpsit to recover damages from the defendant for breach of a contract wherein the plaintiff, owner of Letters Patent No. 891,895, had granted the defendant a non-exclusive licence to practice the invention for the life of the patent upon payment of royalties of not less than $5,000 a year, terminable by the plaintiff upon sixty days’ written notice. The parties stipulated the facts, waived a jury and tried the ease to the court. It appears from the stipulation that the defendant manufactured under the contract, paid some…