Storr v. Central Bedding Co.

Asserting a contract whereby the defendant had agreed to pay royalties at a certain rate for each bed, manufactured and used or sold by it or by its licensees, embodying a patented device, and alleging that while some royalties are due.the amount is unknown to him, the plaintiff prays for an accounting and for specific performance of the contract, so far as the defendant had agreed to render semiannual statements of the beds manufactured and sold. Such a state of facts presents no case for an accounting (Moore v. Coyne, 113 App. Div. 52), and the breach of the agreement to render statements…