Webster v. Ellsworth
U.S. Circuit Court for the District of Eastern Michigan
At Law. On motion for new trial. This was an action for books sold and delivered. Defendant sot up in defense the following state of facts: On October 3, 1884, plaintiff and defendant entered into a written contract, by which plaintiff' agreed “to grant to defendant, the exclusive right to take orders for and soil in the territory above mentioned” (the state of Michigan) a certain book called “Huckleberry Finn,” and defendant agreed to sell said book by subscription, and to…
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At Law. On motion for new trial. This was an action for books sold and delivered. Defendant sot up in defense the following state of facts: On October 3, 1884, plaintiff and defendant entered into a written contract, by which plaintiff' agreed “to grant to defendant, the exclusive right to take orders for and soil in the territory above mentioned” (the state of Michigan) a certain book called “Huckleberry Finn,” and defendant agreed to sell said book by subscription, and to pay for all books so ordered at a specified price. This book was published by the plaintiff's, and published only by…
1Opinion of the Court
Brown, J.,
(after stating the facts as above.') Upon the trial of this case it was assumed by the court that if defendant’s territory was invaded by others, who were selling in competition with him, it might be possible for him to maintain a suit against them, either in his own name or that of the plaintiff, to enjoin such sale. Upon reflection we are satisfied that this assumption was not well founded. Defendant was a mere licensee, with a privilege of selling, but with no proprietary rights in the copyright, and it is clear that as such licensee he -would have no power to enjoin an unlawful…
2Cases cited4 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Hill v. WhitcombU.S. Circuit Court for the District of Massachusetts · 1874
- May v. ChaffeeU.S. Circuit Court for the District of Minnesota · 1871
- Hawley v. MitchellU.S. Circuit Court for the District of Massachusetts · 1871