Varley Duplex Magnet Co. v. Ostheimer
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Writ of error,to review a judgment of the -Circuit Court, entered upon the verdict of a jury in. favor of the defendants in error, who were the plaintiffs below. In this opinion the parties are designated as, in the court below.
1Opinion of the Court
NOYES, Circuit Judge.
This is an action to recover damages for fraud.- The complaint alleges, in substance, that in December, 1899, the defendant gave a written option to one Drake for the sale of 49 patents issued in certain foreign countries for $600,000 to expire March 1, 1900, but with the privilege of a further extension for four months upon the payment of $20,000; that. Drake entered into negotiations with the plaintiffs for the sale of said option and patents; that the original option being about to expire, the plaintiffs, induced by and relying upon the statements therein, paid to the…
2Cited by6 opinions
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- Vick Chemical Co. v. Thomas Kerfoot & Co.Court of Customs and Patent Appeals · 1935
- Lehigh Valley Coal Company AppealSupreme Court of Pennsylvania · 1944
- Commerce Trust Co. v. LangleySupreme Court of Missouri · 1928
- Missouri Phonograph Co. v. TomlinsonCourt of Appeals for the Second Circuit · 1918
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