Russell Hardware & Implement Manufacturing Co. v. Utica Drop Forge & Tool Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 10,1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 10,1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiff, as the owner of certain patents, through assignments from the patentees, brought this action to enforce compliance with, and to protect its rights under, a contract; by which it had granted to the defendant the sole and exclusive right to manufacture and to sell the patented articles. The letters patent covered a device in staple pullers and…
1Opinion of the CourtGeay, J.
The proposition argued by the appellant is that the rescission of the contract was not warranted by the complaint and that the relief awarded by the decree was upon a theory inconsistent with that of the cause of action stated. There would be some force in the argument that the plaintiff should be held to the remedy, which he had elected to pursue, if, upon reaching the trial of the issues, the situation had not been changed by the conduct of the defendant, from what it was when the complaint was framed and served. It stated a cause of action for equitable relief, based upon violations of the…
2Cases cited3 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- Hyatt v. . IngallsNew York Court of Appeals · 1891
3Cited by17 opinions
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
- Farr v. NewmanAppellate Division of the Supreme Court of the State of New York · 1963
- American MacHine & Metals, Inc. v. De Bothezat Impeller Co.District Court, S.D. New York · 1949
- De Mille Co. v. CaseyNew York Supreme Court · 1921
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