American MacHine & Metals, Inc. v. De Bothezat Impeller Co.

KNOX, Chief Judge.

In April, 1934, the litigants herein made a contract whereby the De Bothezat Company, defendant, assigned to plaintiff, Metals Corporation, certain letters patent and conveyed to it certain plant and equipment facilities. In addition, it leased other equipment to plaintiff. The purpose was that the latter should carry on a fan business in which defendant had previously engaged. In return, plaintiff promised to pay specified royalties to defendant. The tenth paragraph of the contract, in part, is as follows:

“One year after the date hereof or at any time thereafter, Metals…