Kelly Convertible Wagon Co. v. Rhodes Manufacturing Co.

Midler, Judge:

The defendant below prosecutes this appeal from a decree of the circuit court of Cabell County.

By its bill in equity plaintiff alleged that it was the owner of the exclusive right to manufacture and sell a certain patented device called “The Kelly Skipper, a convertible vehicle or wagon;” that the defendant represented it was in a position to manufacture and sell said vehicle on a royalty basis; that by a written contract made June 2, 1923, plaintiff assigned to defendant all its right, title and interest in said vehicle, and that defendant agreed to manufacture at least 10,000…