Rice v. Garnhart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The plaintiff, having an application pending before the commissioner of patents for letters patent on a certain machine for harvesting grain, called “The Farmer’s Pride,” of which he claimed to be the inventor, by an instrument in writing dated September 16, 1871 (and duly recorded in the patent office at Washington September 20th of that year), assigned an undivided one-half interest in such machine and invention, to the…
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APPEAL from the Circuit Court for Dane County. The plaintiff, having an application pending before the commissioner of patents for letters patent on a certain machine for harvesting grain, called “The Farmer’s Pride,” of which he claimed to be the inventor, by an instrument in writing dated September 16, 1871 (and duly recorded in the patent office at Washington September 20th of that year), assigned an undivided one-half interest in such machine and invention, to the defendant, and authorized the commissioner to, issue letters patent therefor to the parties and their legal 'representatives.…
1Opinion of the CourtLyoN, J.
I. A position maintained by counsel for the defendant, which, if well taken, is fatal to the plaintiff’s right to recover, will first be noticed. It- is claimed that by the terms of the written agreement between the parties, the royalty stipulated to be paid did not become due until the first of January after machines were manufactured, and hence, that the agreement to advance quarterly payments for three years is a mere naked promise to pay money before the time fixed in the agreement for the payment thereof, and is therefore void; that (as the defendant alleges) no machines have been…
2Cases cited8 opinions
- Rich v. HotchkissSupreme Court of Connecticut · 1844
- Middlebrook v. . BroadbentNew York Court of Appeals · 1872
- Brigham v. ClaflinWisconsin Supreme Court · 1872
- Saxton v. DodgeNew York Supreme Court · 1870
- Rowe v. BlanchardWisconsin Supreme Court · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Aronson v. OrlovMassachusetts Supreme Judicial Court · 1917
- Shoemaker v. South Bend Spark Arrester Co.Indiana Supreme Court · 1893
- Henry Pratt & Co. v. Paris Gas Light & Coke Co.Illinois Supreme Court · 1895
- Hanson v. BeaulieuSupreme Court of Minnesota · 1920
- Pratt v. HawesWisconsin Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.