United States Consol. Seeded Raisin Co. v. Chaddock & Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Southern District of California. Suit by the United States Consolidated Seeded Raisin Company against Chaddock & Co. From a decree dismissing the bill, complainant appeals.
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Appeal from the Circuit Court of the United States for the Northern Division of the Southern District of California. Suit by the United States Consolidated Seeded Raisin Company against Chaddock & Co. From a decree dismissing the bill, complainant appeals. The appellant, as owner of the patent issued to George Pettit, Jr., and John D. Sprower, on February 31, 1899, for a fruit-seeding machine, brought suit in the court below against the appellee, alleging that the appellee had been making, using, and selling machines containing the said invention, and praying for an accounting and an…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The appellee has moved to dismiss the appeal on the ground that the appellant by its written agreement had relinquished its right to appeal from the decree. It is shown that after the cause had been argued and submitted in the court below, and before the decision thereof, the appellee, together with E. G. Chaddock, E. L. Chaddock, and John Chaddock, as parties of the first part, entered into an agreement with the appellant, as party of the second part, in which, after referring to the patents of the respective parties, it was recited that:
“Whereas, many…
2Cases cited11 opinions
- Townsend v. . the Masterson, C., Stone Dressing Co.New York Court of Appeals · 1857
- Hill v. . HermansNew York Court of Appeals · 1874
- Johnson v. HalleyCourt of Appeals of Texas · 1894
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1847
- Wheeler v. Floral Mill & Mining Co.Nevada Supreme Court · 1875
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3Cited by13 opinions
- Gramling v. Food MacHinery and Chemical Corp.District Court, W.D. South Carolina · 1957
- Payne v. SS Tropic BreezeCourt of Appeals for the First Circuit · 1970
- Bell v. United StatesCourt of Appeals for the Ninth Circuit · 1925
- Phelps v. BlomeNebraska Supreme Court · 1948
- Southern Indiana Power Co. v. CookIndiana Supreme Court · 1914
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