Anderson v. Educational Publishers, Inc.

NORDBYE, Chief Judge.

The plaintiff and the late Dr. Frederick Kuhlmann, Sr., developed and revised the Kuhlmann-Anderson Intelligence Test and ancillary material required for its administration. As of January 2, 1937, they contracted with the defendant corporation, hereinafter sometimes called “the publisher” or “E. T. B.”, for publication of the tests and materials throughout the United States. Paragraphs II and VII of the contract provided,

“II. That the publisher shall have the sole right to publish said intelligence tests * * * for a period of five years ending January second, 1942, * * *.…