Dow v. Harkin
Supreme Court of New Hampshire
Bill in Equity, to annul an assignment of certain letters patent and chattels, for breach of its covenants and conditions. The defendant demurred.
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Bill in Equity, to annul an assignment of certain letters patent and chattels, for breach of its covenants and conditions. The defendant demurred. The bill alleged the following facts : The plaintiff, by a sealed instrument, in consideration of the ■defendant’s covenants therein mentioned, sold and transferred to him, his heirs, executors, and assigns, for his and their use and behoof, for the existing and any extended term of the patent, all the plaintiff’s right, title, and interest in and to a certain collar-filler, secured to him by letters patent dated January 4, 1890, and in and to the…
1Opinion of the CourtChase, J.
The defendant, by accepting the assignment, became bound to perforin the agreement set forth in it to be performed by him, although he did not sign the instrument. Burbank v. Pills bury, 48 N. H. 475; Harriman v. Park, 55 N. H. 471; Winnipesaukee Camp Meeting Association v. Gordon, 63 N. H. 505, 506. His executory agreement was the sole consideration for the conveyance to him of the patent right, dies, and tools. ' By repeatedly' declining to perform it he has rescinded the contract, so far as his acts could accomplish that result; he has at least given the plaintiff an option to consummate a…
2Cases cited5 opinions
- Appleton v. Phenix Mutual Life InsuranceSupreme Court of New Hampshire · 1880
- Winnipesaukee Camp-Meeting Ass'n v. GordonSupreme Court of New Hampshire · 1885
- Chamberlin v. PerkinsSupreme Court of New Hampshire · 1875
- Foster v. BartlettSupreme Court of New Hampshire · 1883
- Harriman v. ParkSupreme Court of New Hampshire · 1875
3Cited by5 opinions
- Alder v. DrudisCalifornia Supreme Court · 1947
- In Re Waterson, Berlin & Snyder Co.Court of Appeals for the Second Circuit · 1931
- Driver-Harris Co. v. Industrial Furnace CorporationDistrict Court, W.D. New York · 1935
- Fain v. Irving Trust Co.Court of Appeals for the Second Circuit · 1931
- Daskalopoulos v. MulvanitySupreme Court of New Hampshire · 1920