Legal Opinion

National Fire Proofing Co. v. Imperishable Silo Co.

Indiana Court of Appeals

Decided April 27, 1916No. 8,994PublishedCited by 8 opinions

From the Wells Circuit Court; William H. Eichhorn, Judge. Action by the Imperishable Silo Company against the National Fire Proofing Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtIbach, C. J.

This is an action to recover royalties. The contract under which the controversy arose, omitting the usual preliminary language found in such instruments, recites that certain letters patent had been issued by the United States government to Oliver Brumbaugh covering silo blocks and a method of constructing vitrified tile silos, and such letters patent being still in force, said Brumbaugh sold them to Eugene IT. Baker in the year 1910, prior to the time of the organization of appellee company, except that said Brumbaugh reserved to himself all rights under the patents in certain localities.…

2Cases cited3 opinions

  1. Nave v. PowellIndiana Court of Appeals · 1911
  2. Vandalia Coal Co. v. UnderwoodIndiana Court of Appeals · 1913
  3. Sargeant v. LeachIndiana Court of Appeals · 1911

3Cited by8 opinions

  1. National Life Insurance v. GradySupreme Court of North Carolina · 1923
  2. Fort Wayne Cablevision v. Indiana & Michigan Electric Co.Indiana Court of Appeals · 1983
  3. Short v. LaFayette Life InsuranceSupreme Court of North Carolina · 1927
  4. Owen v. Fletcher Savings & Trust Building Co.Indiana Court of Appeals · 1934
  5. AHLBORN v. City of HammondIndiana Supreme Court · 1953

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