Elie P. Aghnides v. The Marmon Group, Inc., a Corporation

ALBERT V. BRYAN, Senior Circuit Judge: .

This action for the breach of a contract for the design and construction of a prototype of an amphibious vehicle was pressed by its inventor, Elie P. Aghnides, against The Marmon Group, Inc., a manufacturer of customary automotive vehicles and a designer-fabricator of unconventional ones. The District Court held for Aghnides, allowing him rescission and recovery of $120,505.-40. This award, we think, was permissible under the evidence.

“Cyclops”, the vehicle to be constructed, was primarily the creature of a patent, No. 2,967,581 as supplemented by No.…