Paper Stock Disinfecting Co. v. Boston Disinfecting Co.
Massachusetts Supreme Judicial Court
Contract to recover certain royalties for the use of a patent. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions in substance as follows.
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Contract to recover certain royalties for the use of a patent. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions in substance as follows. The plaintiff introduced in evidence an instrument in writing, signed by the plaintiff alone, and dated May 12, 1885, which, after reciting that the plaintiff was the owner of letters patent for a new and useful improvement in apparatus for disinfecting baled rags and other fibrous materials, and that John W. Holmes was desirous of acquiring a license under such letters patent, proceeded as follows: “Now,…
1Opinion of the CourtW. Allen, J.
The license was by deed poll to “ John W. Holmes, his heirs, executors, administrators, and assigns,” in consideration of the one dollar in hand paid, “ and of a royalty of one dollar per ton ” on all rags disinfected by the use of the invention, “ to be hereafter and during the full term of said letters patent . . . well and truly paid to it by said John W. Holmes, his heirs and executors, administrators, and assigns.” There was added a condition in the form of a covenant by Holmes, his representatives or assigns, that, if they did not account for or pay the royalty, the license should be of…
2Cases cited5 opinions
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- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Lowry v. AdamsSupreme Court of Vermont · 1850
- Goodyear v. Congress Rubber Co.U.S. Circuit Court for the District of Southern New York · 1856
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