Boss v. Bassett Industries of North Carolina, Inc.

Banke, Judge.

Boss contracted to design furniture for Barwick Industries, Inc., in return for Barwick’s agreement to pay him royalties on the sale of that furniture. The contract provided that the design documents and the manufacturing dies made from them were to be the property of Barwick but that Boss would retain a right of first refusal in the event Barwick chose to sell them. Upon termination of the contract, Barwick was to continue to pay royalties to Boss on the sale of furniture manufactured from his designs.

Barwick subsequently sold its furniture plant to Bassett Furniture Industries…