Pope Manufacturing Co. v. Gormully
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED ¡STATES FOR THE NORTHERN DISTRICT OF ILLINÓIS. This was an appeal from a decree dismissing a bill in equity, wherein the plaintiff sought an accounting upon a contract, and an injunction prohibiting the defendant from manufacturing and' selling bicycles and tricycles containing certain patented devices, in violation of a contract entered into between the parties on December 1, 1884. A copy of this contract is printed in the…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED ¡STATES FOR THE NORTHERN DISTRICT OF ILLINÓIS. This was an appeal from a decree dismissing a bill in equity, wherein the plaintiff sought an accounting upon a contract, and an injunction prohibiting the defendant from manufacturing and' selling bicycles and tricycles containing certain patented devices, in violation of a contract entered into between the parties on December 1, 1884. A copy of this contract is printed in the margin.1 The bill alleged that the plaintiff was engaged in the manufacture and sale of bicycles and tricycles of superior…
1Opinion of the Court
Mr. Justxoe Brown
delivered the opinion of the court.
This case involves the question' whether a court of' equity can be called upon to decree the specific performance of a contract, wherein the defendant, in consideration of receiving a license to use certain patents belonging to the plaintiff during the life of such patents, agrees never to import,»manufacture or sell any machines or devices covered by certain other patents, unless permitted in writing so to do, nor to dispute or contest the validity of such patents or plaintiff’s title thereto, and further to aid and morally assist the…
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