Brick v. Cohn-Hall-Marx Co.

Crane, Ch. J.

On the 13th of May, 1924, the plain-

tiffs and the defendant entered into a contract regarding royalties to be paid upon the use of a certain package for marketing bolts of cloth. Both parties claimed patent rights, and the agreement was made to permit the use of the package pending patent litigation. The agreement provided for payment as follows:

“First. The first party agrees to pay to the second party N/N per package for each package of bolted cotton or other goods described in said application sold or otherwise disposed of by said corporation, and N/Ñ per package for each…