Legal Opinion
Jerome H. Lemelson v. Ideal Toy Corporation
Court of Appeals for the Second Circuit
Decided March 28, 1969No. 32753_1PublishedCited by 20 opinions
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge:
This is an appeal from a judgment of the United States District Court for the Southern District of New York, Milton Pollack, Judge, dismissing an action for breach of contract to pay royalties on a toy called the Water Basket ball Game. 1 Judge Pollack concluded from the “unambiguous” terms of the license agreement that no royalty payments were due, and gave summary judgment for the defendant. We reverse. We think that the license agreement is ambiguous on its face, and that a trial is necessary to clarify this ambiguity.
The plaintiff, Jerome H. Lemelson, is a…
2Cases cited8 opinions
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Empire Electronics Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1962
- The Union Insurance Society of Canton, Ltd. v. William Gluckin & Co., Inc.Court of Appeals for the Second Circuit · 1965
- Henry S. Cram v. Sun Insurance Office, Ltd., Robert S. Wahab, Jr. v. Sun Insurance Office, Ltd.Court of Appeals for the Fourth Circuit · 1967
- Chappell & Co., Inc., T. B. Harms Company, Williamson Music, Inc., Frank Loesser and Frank Music Corp. v. J. Jay FrankelCourt of Appeals for the Second Circuit · 1966
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- Aetna Casualty & Surety Company v. Theda v. GiesowCourt of Appeals for the Second Circuit · 1969
- Anthony J. Cali v. Eastern Airlines, Inc.Court of Appeals for the Second Circuit · 1971
- Painton & Company, Ltd., Plaintiff-Appellee-Cross-Appellant v. Bourns, Inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1971
- Frank Lowell v. Twin Disc, IncorporatedCourt of Appeals for the Second Circuit · 1975
15 more not listed; retrieve them via the Exa API.