Berlin Machine Works v. Perry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. This appeal is by the plaintiff from an order sustaining a general demurrer to the complaint.
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APPEAL from the Circuit Court for Jefferson County. This appeal is by the plaintiff from an order sustaining a general demurrer to the complaint. The case stated in the complaint is substantially as follows: In February, 1884, and previously, the defendant, James L. Perry, and one Charles A. Mather were engaged, at Berlin, Wis., as partners, in the manufacture and sale of wood-polishing and sand-papering machines of which Perry, either solely or jointly with others, was the inventor, and upon which he then held and owned five letters patent issued to such inventors by the United States. These…
1Opinion of the CourtExon, J.
The only object of this action is to obtain an injunction perpetually restraining James L. Perry, the defendant, “ from manufacturing, selling, or causing to be sold sand-papering machines of any description,” which he covenanted with Charles A. Mather not to do, but which he has done and threatens to continue to do, contraiy to the terms of such covenant. Counsel for defendant maintain that the covenant is not assignable, and hence that no one but Mather can have an action for the breach of it. We do not determine the question, but assume, for the purposes of the case, that the plaintiff…
2Cited by11 opinions
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- Lanzit v. J. W. Sefton Manufacturing Co.Illinois Supreme Court · 1900
- Cottington v. SwanWisconsin Supreme Court · 1906
- Palmer v. TomsWisconsin Supreme Court · 1897
- General Bronze Corp. v. SchmelingWisconsin Supreme Court · 1932
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