Legal Opinion
Limbershaft Sales Corp. v. A. G. Spalding & Bros.
Court of Appeals for the Second Circuit
Decided April 29, 1940No. 241PublishedCited by 8 opinions
1Opinion of the Court
SWAN, Circuit Judge.
Upon a jury’s verdict the plaintiff has recovered judgment for breach of a written contract, by the terms of which the defendant was granted a non-exclusive- li*676cense to manufacture and sell golf clubs embodying the invention covered by United States Patent No. 1,662,712. The licensee agreed to pay a royalty of 35 cents (later reduced to 13 cents) per shaft on shafts used in such clubs. The shafts were to be purchased from a manufacturer designated by the plaintiff and the royalty to be paid by the licensee was to be included in the manufacturer’s invoice. The contract was…
2Cases cited15 opinions
- Baltimore & Carolina Line, Inc. v. RedmanSupreme Court of the United States · 1935
- Westinghouse Electric & Manufacturing Co. v. Formica Insulation Co.Supreme Court of the United States · 1924
- Singer Manufacturing Co. v. CramerSupreme Court of the United States · 1904
- Railroad Co. v. TrimbleSupreme Court of the United States · 1870
- Conway v. O'BRIENCourt of Appeals for the Second Circuit · 1940
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Duplan Corp. v. Deering Milliken, Inc.District Court, D. South Carolina · 1977
- Sbicca-Del Mac, Inc. v. Milius Shoe Co.Court of Appeals for the Eighth Circuit · 1944
- Bucky v. SeboCourt of Appeals for the Second Circuit · 1953
- Midland Steel Products Co. v. Clark Equipment Co.Court of Appeals for the Sixth Circuit · 1949
- Dwight & Lloyd Sintering Co. v. American Ore Reclamation Co.District Court, S.D. New York · 1941
3 more not listed; retrieve them via the Exa API.