Paoli v. Zipout, Inc.

Stephen A. Paoli and Arthur Paoli, copartners, brought this suit to cancel a license agreement granted to the defendant, Zipout, Inc. In a previous suit the Paolis had dismissed a count for cancellation of the contract and had proceeded to judgment against defendant on a count for royalties due under the agreement. The trial court held that by such procedure plaintiffs had elected to affirm the agreement, and were precluded from cancelling the contract in this suit on account of defendant’s non-payment of the same royalties. The court dismissed plaintiffs’ complaint and entered final…