Legal Opinion · Dissent

deStubner v. United Carbon Co.

West Virginia Supreme Court

Decided December 7, 1943No. 9508 and 9509Published

1DissentBose, Judge

I can find no basis in the record for the recovery allowed by this Court in favor of the plaintiff.

It is perfectly clear and apparently conceded by all, that the three written agreements of July 31, 1936, do not obligate the defendants, or either of them, to pay the plaintiff anything. These contracts merely stipulate that unless the plaintiff shall be paid, by way of dividends or otherwise, the amount of $7,500 for the first year and $12,000 for each year thereafter, he may, at his election, terminate the license for his patents. The books indicate that similar provisions in patent license…

2Cases cited10 opinions

  1. Lowther Oil Co. v. GuffeyWest Virginia Supreme Court · 1902
  2. Continental Bank & Trust Co. v. Times Pub. Co.Supreme Court of Louisiana · 1917
  3. Snodgrass v. South Penn Oil Co.West Virginia Supreme Court · 1900
  4. International Finance Corp. v. Calvert Drug Co.Court of Appeals of Maryland · 1924
  5. Culbreath v. Guiterman, Rosenfield & Co.Supreme Court of Alabama · 1927

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