Miller v. Morley Finishing Mach. Co.
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a bill by the Morley Finishing- Machine Company, a corporation organized under the laws of Maine, against Oliver A. Miller, a citizen of Massachusetts, for specific performance of a contract.
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Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a bill by the Morley Finishing- Machine Company, a corporation organized under the laws of Maine, against Oliver A. Miller, a citizen of Massachusetts, for specific performance of a contract. In the circuit court a preliminary injunction was granted, restraining the defendant from selling, assigning, or transferring certain patents owned by him, and which were alleged to be subject to the agreement sought to be enforced. From this order the defendant has appealed. The bill contains the following…
1Per curiam
With reference to the letter of Mr. Sinclair, which it is admitted must be read into the alleged agreement which the plaintiff seeks to enforce, it appears to the court that the expression “cash for his merchandise” is so indefinite as to leave the alleged agreement so vague that it is doubtful whether an equity court can compel its enforcement; and, moreover, it is doubtful whether the instrument of conveyance submitted to the defendant for execution by him contained a proper offer to carry out the draft contract as it was supplemented by that letter; and, further, it appears very doubtful…
2Cited by2 opinions
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