Gius v. Coffinberry
Oregon Supreme Court
From Union : Robert Eakin, Judge. This is a suit for specific performance of an alleged oral agreement between Frank G-ius and C. C. Coffinberry whereby an invention for attaching and detaching a plowshare to and from the moldboard of a plow, with all letters patent therefor, should be their joint property.
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From Union : Robert Eakin, Judge. This is a suit for specific performance of an alleged oral agreement between Frank G-ius and C. C. Coffinberry whereby an invention for attaching and detaching a plowshare to and from the moldboard of a plow, with all letters patent therefor, should be their joint property. The complaint alleges, in substance, that on or about the first of March, 1900, defendant requested the plaintiff to assist him in developing his invention, making the necessary models, and obtaining a patent therefor, agreeing with him that such patent should be obtained and held in their…
1Opinion of the CourtChief Justice Bean
1. It is conceded that a court of equity has jurisdiction to enforce the specific performance of a parol contract for the conveyance of an interest in letters patent, when issued, for an invention or device patentable under the laws of the United States : Searle v. Hill, 73 Iowa, 367 (5 Am. St. Rep. 688, 35 N. W. 490); Somerby v. Buntin, 118 Mass. 279 (19 Am. Rep. 459); Burr v. De La Vergne, 102 N. Y. 415 (7 N. E. 366); Fuller Mfg. Co. v. Bartlett, 68 Wis. 73 (31 N. W. 747, 60 Am. Rep. 838).
2. And, as a matter of fact, there is but little conflict in the testimony. Some time prior to March 1,…
2Cases cited4 opinions
- Somerby v. BuntinMassachusetts Supreme Judicial Court · 1875
- Burr v. . De La VergneNew York Court of Appeals · 1886
- Fuller & Johnson Manufacturing Co. v. BartlettWisconsin Supreme Court · 1887
- Searle v. HillSupreme Court of Iowa · 1887
3Cited by5 opinions
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Campbell's Gas Burner Co. v. HammerOregon Supreme Court · 1915
- Dean Vincent, Inc. v. Russell's Realty, Inc.Oregon Supreme Court · 1974
- Eilers Music House v. ReineOregon Supreme Court · 1913
- Salem-Fairfield Telephone Assn. v. McMahanOregon Supreme Court · 1915