Kobert v. National Machinery Co.

The amended complaint has been held sufficient upon a motion for its dismissal for failure to state a cause of action.

Plaintiff asks that a contract annexed to the complaint be declared null and void because of an alleged mutual mistake of fact. The amended complaint makes that contract a part thereof and sets forth specifically the patents therein referred to. The mistake of fact is claimed to have been that plaintiff had the legal and equitable title to certain patents, applications, improvements and inventions when, as a matter of fact, he did not own them because he had previously…