Warren S. Martin v. Morse Boulger Destructor Company

CLARK, Chief Judge.

Defendant appeals from a judgment awarding plaintiff patent royalties pursuant to contract, and dismissing its counterclaim for a declaratory judgment of outright ownership of the patents involved, covering multiple hearth furnaces. The basic disagreement between the parties remaining on this appeal 1 concerns defendant’s obligation to pay additional royalties for the year 1950.

The legal rights of the parties are governed by two contracts entered into on February 13, 1946. On that date plaintiff obtained ownership, contingent upon payment of $21,000, of two different sets…