Marsh v. Harris Manufacturing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Boole County. Action to recover the sum of $62,500, the amount of royalties alleged to be due under a written agreement. The contract as set out in the complaint was dated December 24, 1815, and was alleged to'have been made for the purpose of consolidating several previous agreements.
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APPEAL from the Circuit Court for Boole County. Action to recover the sum of $62,500, the amount of royalties alleged to be due under a written agreement. The contract as set out in the complaint was dated December 24, 1815, and was alleged to'have been made for the purpose of consolidating several previous agreements. It recites, among other things, that on September 26,1870, the plaintiff, James 8. Marsh, together with W. A. Kirby and D. M. Osborne, executed to the defendant a license conferring upon it the privilege of making and using and vending to others to be used certain patented…
1Opinion of the Court
The following opinion was filed March 3, 1885:
Cole, C. J.
According to our understanding of the complaint, the agreement dated December 24, 1875, continued in force, in a modified form, the prior agreement of September, 26, 1870.. This, we think, is obvious from these clauses in the former instrument: “ (1) That said Marsh would license and confer the right and privilege upon the Harris Manufacturing Gom/pcim/ of making, using, and vending to others to be used, each, every, and all the improvements which are secured by the letters patent mentioned in said Exhibit B, within any and all of the…
2Cases cited1 opinion
- Marston v. . SwettNew York Court of Appeals · 1880
3Cited by4 opinions
- Dall Motor Parts Co. v. Packard Motor Car Co.Ohio Supreme Court · 1931
- Thomson Spot Welder Co. v. Oldberg Manfg. Co.Michigan Supreme Court · 1926
- American National Co. v. Thompson Spot Welder Co.Ohio Court of Appeals · 1928
- Acme Chair & Metal Crafts Co. v. Northern Corrugating Co.Wisconsin Supreme Court · 1932