Dick v. Ireland
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF BUTLER COUNTY, IN EQUITY. No. 182 October Term 1889, Sup. Ct.; court below, No. 5 June Term 1885, C. P. in Equity.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF BUTLER COUNTY, IN EQUITY. No. 182 October Term 1889, Sup. Ct.; court below, No. 5 June Term 1885, C. P. in Equity. On May 6, 1885, Samuel B. Dick, and E. W. Ames, receiver of the Gibbs & Sterrett Manufacturing Company, filed a bill in equity against L. N. Ireland and S. McCaughtry, doing business as L. N. Ireland & Co. The bill averred: That Edward Guillod, the inventor of a certain improvement in the construction of drilling jars, made application under the laws of the United States for a patent for his said invention, and letters patent…
1Opinion of the Court
Opinion,
Me. Justice Mitchell :
Notwithstanding the report of a master, confirmed by the court below, in appellees” favor, we are of opinion that clear fundamental error, participated in by the master and the court, as well as the counsel, runs through the whole of the appellees’ case.
The appellants, in May, 1876, accepted a license from appellees for the manufacture of drilling jars and jar fillings under a certain patent. The agreement was in writing; that is, it was a printed form, filled in as to names, dates, etc., in writing, and with the addition in writing, on the margin, of the…
2Cases cited1 opinion
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