American Lead Pencil Co. v. Musgrave Pencil Co.

Me. Chibe Justice Ceben

delivered the opinion of the Court.

From a decree overruling their demurrers in part, the chancellor permitted an appeal by defendants to this court.

The complainant avers that it is a New York corporation engaged in the business of manufacturing and selling pencils. That it was the owner of a patent covering an eraser attachment for lead pencils known as the “Oversize” or “Reckford” tip. That on April 11, 1933, complainant entered into a license agreement with defendant J. R. Musgrave permitting said Musgrave to manufacture at his factory in Shelbyville, Tenn., for a…