Satterthwait v. Marshall
Court of Chancery of Delaware
Bill for Specific Performance of a Contract.— This bill is filed for the specific performance of a covenant, by the defendant, for the assignment of an interest in a certain patent held by him for an improved grate-bar, to be used in the furnaces of steamboats, locomotives, heaters, &c. . The complainant claims to be entitled to one-third of the patent in-his own right, and to another third as assignee of Hayes Chandler, an original covenantee, with the defendant, for the…
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Bill for Specific Performance of a Contract.— This bill is filed for the specific performance of a covenant, by the defendant, for the assignment of an interest in a certain patent held by him for an improved grate-bar, to be used in the furnaces of steamboats, locomotives, heaters, &c. . The complainant claims to be entitled to one-third of the patent in-his own right, and to another third as assignee of Hayes Chandler, an original covenantee, with the defendant, for the purchase of that interest. The case made by the bill, is that, the defendant, being the inventor of the improved…
1Opinion of the Court
The Chancellor :—
I think the exhibit is admissible upon two grounds ;— First, it is relevant to explain the conduct of fhe complainant in delaying to execute the contract of 8th June •1870. He may have rested easy upon the original contract of April as remaining in force until the substiution of the counterparts. His delay, notwithstanding frequent *342alleged requests by the defendant, is urged by the answer as amounting to an abandonment of the contract. The fact that a contract in writing was already in force and so to stand until the counterpart should be executed tends to rebut what is taken…
2Cases cited4 opinions
- James G. Wilson v. George A. Sanford and Robert G. MusgroveSupreme Court of the United States · 1851
- Patterson v. GainesSupreme Court of the United States · 1848
- Brooks v. StolleyU.S. Circuit Court for the District of Ohio · 1845
- Whitney v. M'KinneyNew York Court of Chancery · 1823
3Cited by16 opinions
- Karrick v. HannamanSupreme Court of the United States · 1897
- Wright v. ScottonSupreme Court of Delaware · 1923
- Reinhardt v. ChalfantCourt of Chancery of Delaware · 1920
- Vail v. HammondSupreme Court of Connecticut · 1891
- Diamond State Iron Co. v. HusbandsCourt of Chancery of Delaware · 1898
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