American Cone & Wafer Co. v. Consolidated Wafer Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United S'tates for the Eastern District of New York. Biff by the American Cone & Wafer Company against the Consolidated Wafer Company. From a decree dismissing the bill, complainant appeals. Tire bill was to procure specific performance of a contract for the assignment of parent 1,122,013 issued to John P. Groset and assigned by Mm to the defendant.
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Appeal from the District Court of the United S'tates for the Eastern District of New York. Biff by the American Cone & Wafer Company against the Consolidated Wafer Company. From a decree dismissing the bill, complainant appeals. Tire bill was to procure specific performance of a contract for the assignment of parent 1,122,013 issued to John P. Groset and assigned by Mm to the defendant. The gist of the action lay in the words of an earlier assignment from Groset to the plaintiff’s predecessors in title of a patent, 1,010,(519. issued to him before the patent now in suit. This assignment…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). We think it clear that the purpose of the language used was hot to subject every future cone baker which Groset might devise to the assignment; the improvements covered by the phrase were those to that machine, not to the art in general. Every more efficient machine would be an improvement “upon” it, in common speech, but not “to” it. We attach significance to the word “thereto”, and we should attach an added significance as well to “thereunder,” if we could find any meaning for it. As it is, it seems to us rather a bit of scrivener’s verbiage. It is, of…
2Cited by15 opinions
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- Wege v. Safe-Cabinet Co.Court of Appeals for the Sixth Circuit · 1918
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