Wing v. . Ansonia Clock Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the December term, 1884, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the December term, 1884, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. This action was brought upon a contract between plaintiff and defendant Hill, who were patentees of certain improvemehts in musical instruments, of the first part, and defendant, the Ansonia Clock Company, of the second part. The material portions of the contract and the question presented thereon are stated in the opinion.…
1Opinion of the CourtAndrews, J.
It is a just inference from the contract, giving due force to all its provisions, that the primary purpose of the patentees in entering into it, was to procure the defendant, on’ its own account, to undertake the manufacture of musical instruments, under the patents, subject to the payment to the patentees of a specified royalty on the manufactured articles, as a consideration for the grant of the right to use the invention. The contract, therefore, commences by granting to the company the exclusive right to manufacture and sell two specified classes of musical instruments, containing the…
2Cited by17 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Perma Research & Development Company v. Singer CompanyDistrict Court, S.D. New York · 1970
- Lansing Research Corp. v. Sybron Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Miller v. O. B. McClintock Co.Supreme Court of Minnesota · 1941
- Dorris v. CenterAppellate Court of Illinois · 1936
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