Williams v. Knibbs
Massachusetts Supreme Judicial Court
Two actions of contract for amounts alleged to be due as salary under a contract in writing set out in substance below. Writs dated respectively July 8 and August 20, 1910. The contract was dated February 3, 1910, and was in substance as follows: "That whereas the said Benjamin Williams is the inventor of a Mop Wringer on which he has filed application for United States letters-patent on or about the 24th day of May, 1909, Serial No. 497,997 and has this day executed an…
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Two actions of contract for amounts alleged to be due as salary under a contract in writing set out in substance below. Writs dated respectively July 8 and August 20, 1910. The contract was dated February 3, 1910, and was in substance as follows: "That whereas the said Benjamin Williams is the inventor of a Mop Wringer on which he has filed application for United States letters-patent on or about the 24th day of May, 1909, Serial No. 497,997 and has this day executed an assignment of an undivided one-half interest therein to the said John W. ICnibbs, now, therefore, the parties have agreed…
1Opinion of the CourtSheldon, J.
The defendant’s first request for instructions rightly was refused. The agreement declared on recited that the plaintiff had filed an application for letters patent upon an invention, and had assigned a half interest therein to the defendant. It contains a stipulation that the defendant shall pay “all expenses required for the prosecution and procuring” of patents “in this and foreign countries.” It does not appear, and the defendant does not seem to have claimed, that he had paid the expenses of procuring the patent which had been applied for; and there was affirmative evidence that this…
2Cases cited9 opinions
- Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
- St. Paul Plow Works v. StarlingSupreme Court of the United States · 1891
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1883
- Ryder v. WilcoxMassachusetts Supreme Judicial Court · 1869
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3Cited by5 opinions
- Kirkley v. F. H. Roberts Co.Massachusetts Supreme Judicial Court · 1929
- Rosenblum v. Springfield Produce Brokerage Co.Massachusetts Supreme Judicial Court · 1922
- Lonnqvist v. LammiMassachusetts Supreme Judicial Court · 1922
- Magee v. MageeMassachusetts Supreme Judicial Court · 1919
- Allen v. HawleyAppellate Division of the Supreme Court of the State of New York · 1932