Warren S. Martin v. Morse Boulger Destructor Company

SWAN, Circuit Judge.

This is an appeal by defendant from a judgment awarding damages to plaintiff in an action for breach of a royalty contract, dated December 11, 1950. Federal jurisdiction rests on diversity of citizenship. The ease was tried to the court without a jury. Judge Inch made findings of fact and conclusions of law, but wrote no opinion.

The contract sued upon was in the form of a letter addressed by defendant (for brevity called Morse) to plaintiff Martin, and by him accepted. Martin, an engineer, was the owner of several patents which he had licensed Morse to use under a royalty…