Hamilton v. Park & McKay Co.
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by John H. Hamilton against the Park & McKay Company to recover royalties due under a contract for the manufacture and sale of a certain device. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
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Error to Wayne; Hosmer, J. Assumpsit by John H. Hamilton against the Park & McKay Company to recover royalties due under a contract for the manufacture and sale of a certain device. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The special count of the declaration sets up the following agreement between plaintiff and defendant, dated February 21, 1893: “Whereas, John H. Hamilton, of Detroit, Wayne county, Mich., is the inventor and sole owner of a certain new and useful improved syphon jet water-closet, for which he has filed an application for…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It is insisted that the plaintiff cannot maintain an action before the issuing of the patent, and that no liability was intended to be incurred until a valid patent had been granted. This was a matter of contract between the parties. The inventor of an unpatented device may make a valid contract for its manufacture, use, or sale. It is no objection to the validity of such a contract that any person may manufacture it until a patent is issued. The vendee or licensee, in the absence of fraud or mistake, must abide by his contract. It was understood by these parties…
2Cases cited11 opinions
- Jewett v. PetitMichigan Supreme Court · 1857
- Hubbardston Lumber Co. v. BatesMichigan Supreme Court · 1875
- Brush Electric Co. v. California Electric Light Co.Court of Appeals for the Ninth Circuit · 1892
- Goodspeed v. DeanMichigan Supreme Court · 1864
- Hurst v. Trow's Printing & Bookbinding Co.New York Court of Common Pleas · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
- B. F. Gladding & Co., Inc. v. Scientific Anglers, Inc.Court of Appeals for the Sixth Circuit · 1957
- Miller v. O. B. McClintock Co.Supreme Court of Minnesota · 1941
- Young v. Ralston Purina Co.Court of Appeals for the Eighth Circuit · 1937
- Davis v. Kittle Manufacturing Co.California Court of Appeal · 1933
9 more not listed; retrieve them via the Exa API.