Porter v. Standard Measuring Machine Co.
Massachusetts Supreme Judicial Court
Contract. Trial in the Superior Court, without a jury, before Rockwell, J., who, upon the defendant’s motion, ruled that the plaintiff could not recover upon the facts alleged in his declaration; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtDevens, J.
We interpret the exceptions, as the parties have done at the argument, as raising the question whether the plaintiff can recover upon the facts stated in the declaration, the court having ruled that he could not.
The declaration sets forth an agreement, by which, in consideration of an assignment to the defendant by one Tapley of all *192right, title, and interest in a certain invention in surface measuring machines and the letters patent previously assigned to Tapley by the plaintiff, the defendant, in part payment therefor, would pay to the plaintiff “ the sum of ten dollars on each and every…
2Cases cited6 opinions
- Marsh v. . DodgeNew York Court of Appeals · 1876
- Steam Stone Cutter Co. v. ShortsleevesU.S. Circuit Court for the District of Vermont · 1879
- Sickels v. BordenU.S. Circuit Court for the District of Southern New York · 1856
- Steam Stone Cutter Co. v. Windsor Manuf'g Co.U.S. Circuit Court for the District of Vermont · 1879
- Perrigo v. SpauldingU.S. Circuit Court for the District of Northern New York · 1876
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3Cited by1 opinion
- National Farmers Union Life Ass'n v. KruegerNorth Dakota Supreme Court · 1949