Anderson v. Larner Machine Co.

Opinion by

Mr. Justice Linn,

This was a bill for an account and royalty; the defense was that no royalty became payable until defendant had been reimbursed for all expenditures made by it in developing the invention, and that there was still a deficit. The learned court below ordered an account and at the audit found defendant indebted to plaintiff in an amount ordered to be paid. The decision depends on the meaning of the contracts made by the parties.

Plaintiff invented a profiling machine but had not the means to develop it. February 15, 1927, he made a contract with Edson S. Harris and…