Legal Opinion

Cooke v. Barr

Supreme Court of Connecticut

Decided October 15, 1872PublishedCited by 3 opinions

Covenant ; brought to the Superior Court and tried on the general issue, with, notice, closed’to the court, before Minor J. The agreement upon which the suit was brought was as follows: ■ • “ This memorandum of agreement, made this 22d day of April, 1867, by and between James C. Cooke of Middletown, Connecticut, of the first part, and John Barr and John S. Benham, both of Bridgeport, of the second part, witnesseth— “ That whereas the said parties of the second part have this…

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Covenant ; brought to the Superior Court and tried on the general issue, with, notice, closed’to the court, before Minor J. The agreement upon which the suit was brought was as follows: ■ • “ This memorandum of agreement, made this 22d day of April, 1867, by and between James C. Cooke of Middletown, Connecticut, of the first part, and John Barr and John S. Benham, both of Bridgeport, of the second part, witnesseth— “ That whereas the said parties of the second part have this day purchased of the said Cooke all the right, title and interest in and to certain improvements in machines for…

1Opinion of the CourtCarpenter, J.

This is an action of covenant. In the in-

strument declared on,, the defendants covenant “ that they will in a reasonable time take measures for the formation of a company or companies to use and operate under the said inventions and patents, with a capital stock of one hundred and seventy-five thousand dollars,” &c., and to issue to Sara J. Cooke, (who assigned her interest to the plaintiff,) capital stock to the par value of ten thousand dollars, which was to be in full payment for the machines therein referred to. Other covenants are contained in it, but as no question arises in respect to…

2Cited by3 opinions

  1. Schmeltz v. TracySupreme Court of Connecticut · 1935
  2. Cheshire Brass Co. v. WilsonSupreme Court of Connecticut · 1913
  3. Briggs v. MorseSupreme Court of Connecticut · 1875

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