Morris v. Texas Working Barrel Mfg. Co.

FOSTER, Circuit Judge.

In this ease defendant in error, hereafter referred to as plaintiff, was the owner by assignment of letters patent No. 1,436,881, issued November 28, 1922, to Michael A. Kerr and Adolph Chanowsky, covering an improvement in pumps usually called a working barrel, designed for pumping oil from an oil well. In April, 1923, plaintiff entered into a contract with plaintiffs in error, hereafter referred to as defendants, by which an exclusive license was granted for eight years to manufacture and sell, but not to use, the patented article throughout the United States and…