Marsh v. Nichols, Shepard & Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF CALHOUN COUNTY, STATE OP MICHIGAN. In 1880, Elon A. Marsh had devised and applied for a patent upon a valve gear for steam engines; and Nichols, Shepard & Co., which is a corporation of the State of Michigan, contended in this action, as hereafter set forth, that in that year, while his application was pending in the Patent Office, Marsh agreed with Nichols, an officer of the corporation, that Nichols was to do certain things in exploiting the…
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ERROR TO THE CIRCUIT COURT OF CALHOUN COUNTY, STATE OP MICHIGAN. In 1880, Elon A. Marsh had devised and applied for a patent upon a valve gear for steam engines; and Nichols, Shepard & Co., which is a corporation of the State of Michigan, contended in this action, as hereafter set forth, that in that year, while his application was pending in the Patent Office, Marsh agreed with Nichols, an officer of the corporation, that Nichols was to do certain things in exploiting the invention, in return for which Marsh was to allow a shop right to the use of it, and that Nichols performed his part of…
1Opinion of the CourtChief Justice Fuller
The bill was filed in the Circuit Court- of Calhoun County for the specific performance .by defendants below, of an alleged contract betweeii Marsh and the plaintiff below, byiwhidh the latter was to ,be permitted, if Marsh obtained a patent oh the improvement in question, to make, use, vend and employ said device on any or all engines made at its shops Without molestation or interference, and to restrain the defendants below from asserting that plaintiff did not have the full and oomplete right to make, use, sell or operate the device, or'that they had any'right in therdevice to the…
2Cases cited7 opinions
- James G. Wilson v. George A. Sanford and Robert G. MusgroveSupreme Court of the United States · 1851
- Marsh v. Nichols, Shepard & Co.Supreme Court of the United States · 1888
- Albright v. TeasSupreme Court of the United States · 1883
- Dale Tile Manufacturing Co. v. HyattSupreme Court of the United States · 1888
- Walter A. Wood Mowing & Reaping MacHine Co. v. SkinnerSupreme Court of the United States · 1891
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- Farmland Irrigation Co. v. DopplmaierCalifornia Supreme Court · 1957
- Wade v. LawderSupreme Court of the United States · 1897
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