Sunday v. Novi Equipment Co.

Plaintiff’s action, commenced April 7, 1937, was tried without a jury. He seeks recovery for royalties claimed to have accrued prior to March 1, 1937, under a license contract with defendant company for the manufacture, use, and sale of exhaust heaters for automobiles. Defendant asserts numerous special defenses, including the following: That plaintiff was unsuccessful in his attempt to secure a patent upon the heater covered by the license contract and this resulted in failure of consideration ; that the heater defendant manufactured and sold was not covered by the patent which was obtained…