Bancroft v. Union Embossing Co.
Supreme Court of New Hampshire
Assumpsit, to recover $200 and interest thereon for each of nine “ automatic lateral carving machines,” manufactured and sold by the defendants in accordance with a written contract executed May 6, 1899, the material provisions of which are set forth in the opinion.
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Assumpsit, to recover $200 and interest thereon for each of nine “ automatic lateral carving machines,” manufactured and sold by the defendants in accordance with a written contract executed May 6, 1899, the material provisions of which are set forth in the opinion. May 27, 1901, the plaintiffs were notified that the defendants would not be further bound by the contract; and about the middle of the following July the patterns mentioned in the contract were returned to the plaintiffs, who did not assent to the rescission of the agreement. Subsequent to the notification, the defendants…
1Opinion of the CourtBingham, J.
The questions in this case arise upon exceptions taken by the parties to the findings and rulings made in the superior court. At the time the contract in question was executed, the plaintiffs had not procured a patent upon their embossing machine; but the parties believed that its principal feature was novel, and that the plaintiffs would obtain a patent which would control the manufacture and sale of the machine. The plaintiffs, however, were not successful in obtaining such a patent, although patents were granted to them upon some minor parts. The defendants operated under the contract for…
2Cases cited9 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Anderson v. United StatesSupreme Court of the United States · 1898
- Linn v. SigsbeeIllinois Supreme Court · 1873
- Anchor Electric Co. v. HawkesMassachusetts Supreme Judicial Court · 1898
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3Cited by7 opinions
- My Laundry Co. v. SchmelingWisconsin Supreme Court · 1906
- Moore v. Dover Veterinary Hospital, Inc.Supreme Court of New Hampshire · 1976
- Morrison-Knudsen Co., Inc. v. Phœnix Ins.Court of Appeals for the Eighth Circuit · 1949
- Hill v. HillSupreme Court of New Hampshire · 1907
- Schnack v. Applied Arts Corp.Michigan Supreme Court · 1938
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