Legal Opinion

Davis Co. v. Burnsville Hosiery Mills, Inc.

Supreme Court of North Carolina

Decided October 12, 1955No. 250PublishedCited by 2 opinions

1Opinion of the CourtJohnson, J.

This is a civil action to recover for royalties alleged to be due under patent license contracts. The case was heard below on motion to strike allegations of the defendant’s answer and further defense.

The gist of the complaint is that the plaintiff is engaged in the business of owning and holding patents for the production of elastic top hosiery and in licensing hosiery manufacturers to use the patents for stipulated royalties; that the defendant is a manufacturer of hosiery; that in November, 1950, the plaintiff and the defendant entered into separate license contracts, copies of which are…

2Cases cited13 opinions

  1. Marston v. . SwettNew York Court of Appeals · 1876
  2. Kinsman v. ParkhurstSupreme Court of the United States · 1856
  3. Brown v. Southern Railway Co.Supreme Court of North Carolina · 1932
  4. Lawrence v. . EllerSupreme Court of North Carolina · 1915
  5. Stone v. Carolina Coach Co.Supreme Court of North Carolina · 1953

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3Cited by2 opinions

  1. Wynne v. AllenSupreme Court of North Carolina · 1957
  2. Maynor Ex Rel. Reynolds v. PressleySupreme Court of North Carolina · 1962

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