Legal Opinion

O'Neil v. E. I. duPont de Nemours & Co.

Court of Chancery of Delaware

Decided January 29, 1919PublishedCited by 5 opinions

Statement op the Case. The bill alleges that in 1909 and 1910 the complainant, while employed by the government of Brazil, discovered an improved process for the manufacture of propellant explosives, which was of great value, and submitted to one of the directors of a certain powder corporation a full réport of the process “for the purpose of selling the same” to that corporation.

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Statement op the Case. The bill alleges that in 1909 and 1910 the complainant, while employed by the government of Brazil, discovered an improved process for the manufacture of propellant explosives, which was of great value, and submitted to one of the directors of a certain powder corporation a full réport of the process “for the purpose of selling the same” to that corporation. About December 15,1915, the complainant entered into the employment of the defendant company, which in October, 1915, had purchased all the assets and assumed all the liabilities of the powder corporation above…

1Opinion of the Court

The Chancellor.

It appears by sufficient allegations in the bill demurred "to that the complainant had discovered a process for making powder and communicated the process and formula to the powder company; that it and the defendant company; which latter company acquired all the assets and assumed all the liabilities of the former company, used the process to make great quantities of powder profitably; that the complainant made applications for patents of the process, and at the request of the defendant company assigned to it the applications for a nominal consideration, and has received no…

2Cases cited8 opinions

  1. Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
  2. Badger v. McNamaraMassachusetts Supreme Judicial Court · 1877
  3. Piedmont Land Improvement Co. v. Piedmont Foundry & Machine Co.Supreme Court of Alabama · 1892
  4. Dargin v. HewlittSupreme Court of Alabama · 1896
  5. Norwich & Worcester Rail-Road v. StoreySupreme Court of Connecticut · 1845

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Gallegher v. DavisSuperior Court of Delaware · 1936
  2. Raisler Sprinkler Co. v. Automatic Sprinkler Co. of AmericaSuperior Court of Delaware · 1934
  3. Tharp v. St. Georges Trust Co.Court of Chancery of Delaware · 1943
  4. Winter v. Pennsylvania RailroadSuperior Court of Delaware · 1948
  5. Donalson v. Investors Realty Corp.Court of Chancery of Delaware · 1927

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