Comptograph Co. v. Burroughs Adding Machine Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Charles A. Dudley, Judge. This is an action at law to recover $500,000 for royalties alleged to be due on a license contract made between the plaintiff and the American Arithmometer Company, the defendant’s assignor. .The appeal is by plaintiff from a holding of the district court, sustaining, in part, defendant’s motion to strike parts of plaintiff’s petition, and from the ruling of the district court in sustaining defendant’s demurrer to…
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Appeal from Polk District Court. — Charles A. Dudley, Judge. This is an action at law to recover $500,000 for royalties alleged to be due on a license contract made between the plaintiff and the American Arithmometer Company, the defendant’s assignor. .The appeal is by plaintiff from a holding of the district court, sustaining, in part, defendant’s motion to strike parts of plaintiff’s petition, and from the ruling of the district court in sustaining defendant’s demurrer to the remainder of the amended fourth count, and sustaining defendant’s motion to strike an amendment to said amended…
1Opinion of the CourtPreston, J.
The original petition consists of four counts. The plaintiff filed an amended fourth count. De*88fendant filed a motion to strike parts of the amended fourth count, which was sustained in part; and thereafter, defendant filed a demurrer to said amended fourth count, which was sustained, and also a motion to strike the first, second and third counts, which was sustained as to the first and second, and plaintiff dismissed the third count. Plaintiff then filed an amendment to the amended fourth count, which was stricken on defendant’s motion. Counsel for appellant state in argument that no effort…
2Cases cited18 opinions
- Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1907
- Congower v. Equitable Mutual Life & Endowment Ass'nSupreme Court of Iowa · 1895
- Peterson v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1904
- Graham v. SadlierIllinois Supreme Court · 1896
- Specht v. SpangenbergSupreme Court of Iowa · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Fire Association of Phila. v. Allis Chalmers Mfg. Co.District Court, N.D. Iowa · 1955
- Rice v. Sioux City Memorial Park Cemetery, Inc.Supreme Court of Iowa · 1953
- City of Des Moines v. City of West Des MoinesSupreme Court of Iowa · 1953
- Rotterman v. General Mills, Inc.Supreme Court of Iowa · 1953
- Cunningham Brothers, Inc. v. City of WaterlooSupreme Court of Iowa · 1962
13 more not listed; retrieve them via the Exa API.