Legal Opinion

Selig v. Rehfuss

Supreme Court of Pennsylvania

Decided March 26, 1900No. Appeal, No. 173PublishedCited by 7 opinions

Appeal, No. 173, Jan. T., 1899, by defendants, in suit of Selig & Kaufman v. George Rehfuss & Sons, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 15, on verdict for plaintiffs. Assumpsit for breach of contract. Before Sulzberger, J. At the trial it appeared that the defendants sold to plaintiffs a number of machines for making buttons.

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Appeal, No. 173, Jan. T., 1899, by defendants, in suit of Selig & Kaufman v. George Rehfuss & Sons, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 15, on verdict for plaintiffs. Assumpsit for breach of contract. Before Sulzberger, J. At the trial it appeared that the defendants sold to plaintiffs a number of machines for making buttons. Plaintiffs alleged that these machines were bought by them under warranty that they did not infringe on the machines made under the Cleret patent. After they had put the machines into operation, the circuit court of the United States issued an…

1Opinion of the Court

Opinion by

Mb. Justice Brown,

The appellees were manufacturers of covered and pearl buttons. Appellants manufactured special machinery, and appellees purchased from them a number of machines, to be used in their business. During the negotiations leading up to the order Cor these machines, their infringement upon what was known as the “ Cleret ” patent was discussed by the parties. Finally, on November 16, 1894, an order was given by the appellees for ten machines, one already having been received by them, and, according to the testimony of Morris A. Kaufman, one of the plaintiffs, after he had…

2Cases cited5 opinions

  1. Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
  2. Crossgrove v. HimmelrichSupreme Court of Pennsylvania · 1867
  3. Holt v. PieSupreme Court of Pennsylvania · 1888
  4. Schwab v. GinkingerSupreme Court of Pennsylvania · 1897
  5. Way v. MartinSupreme Court of Pennsylvania · 1891

3Cited by7 opinions

  1. Sautter v. RowlandSupreme Court of Pennsylvania · 1925
  2. Dougherty v. BriggsSupreme Court of Pennsylvania · 1911
  3. Byrne v. ElfrethSuperior Court of Pennsylvania · 1910
  4. Hershey v. LoveSupreme Court of Pennsylvania · 1923
  5. Allen Iron & Steel Co. v. Provident Iron & Steel Co.Superior Court of Pennsylvania · 1916

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