Standard Button Fastening Co. v. Ellis
Massachusetts Supreme Judicial Court
Contract to recover for the use of two patented machines, under a written instrument executed by the plaintiff and the defendants, by which the plaintiff “ leased ” to the defendants two machines made by the plaintiff for fastening buttons upon boots and shoes, at a certain “ rent,” to be paid by them for each month’s use thereof.
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Contract to recover for the use of two patented machines, under a written instrument executed by the plaintiff and the defendants, by which the plaintiff “ leased ” to the defendants two machines made by the plaintiff for fastening buttons upon boots and shoes, at a certain “ rent,” to be paid by them for each month’s use thereof. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtAllen, J.
The defendants concede that a license to use a patented article does not import a warranty of the validity of *449the patent, and they also concede the right of the plaintiff to recover rent or royalties according to the terms of the leases; hut they contend that the plaintiff has broken certain express and implied covenants contained in the leases, and seek to defeat the plaintiff’s" claim by recouping the damages sustained by the breaches of covenant. The case therefore presents the question whether there has been a breach of any express or implied covenant on the part of the plaintiff. Unless…
2Cases cited5 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Marston v. . SwettNew York Court of Appeals · 1880
- Harlow v. PutnamMassachusetts Supreme Judicial Court · 1878
- Pacific Iron Works v. NewhallSupreme Court of Connecticut · 1867
- Standard Button Fastening Co. v. HarneyMassachusetts Supreme Judicial Court · 1892
3Cited by12 opinions
- Eno v. Prime Manufacturing Co.Massachusetts Supreme Judicial Court · 1943
- Wilfley v. New Standard Concentrator Co.Court of Appeals for the Ninth Circuit · 1908
- Wynne v. AllenSupreme Court of North Carolina · 1957
- Arnold v. North American Chemical Co.Massachusetts Supreme Judicial Court · 1919
- Lathrop v. Rice & Adams CorporationDistrict Court, W.D. New York · 1936
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