Emerson v. Universal Products Co.

Rodney, J.,

delivering the opinion of the Court:

This is a motion for a new trial. The action was brought to recover royalties alleged to be due from the Assignee to the Assignor of certain patent rights concerning a mechanical joint used in the manufacture of automobiles.

Succinctly the plaintiff proved a contract providing for certain royalties; the defendant had paid an amount for royalties and relies upon a modification of the original contract reducing the royalties as to a certain type of joints and contended that the payments made had been in full for the royalties on the joints covered…