Detroit Stove Works v. Perry
U.S. Circuit Court for the District of Eastern Michigan
On motion for a new trial. This was an action of assumpsit to recover of the defendant the price of thirty printed copies of testimony taken on behalf of the plaintiff in a certain patent suit pending before the patent office at Washington.
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On motion for a new trial. This was an action of assumpsit to recover of the defendant the price of thirty printed copies of testimony taken on behalf of the plaintiff in a certain patent suit pending before the patent office at Washington. The plaintiff’s testimony tended to show that the plaintiff and defendant were interested adversely to each other in this suit; that defendant came to Detroit to attend the taking of this testimony of plaintiff’s witnesses; that it was agreed between them that each should furnish to the other six printed copies of their testimony; that three or four days…
1Opinion of the Court
BROWN, District Judge.
This motion raises the following questions: 1. Whether under the order, as stated by the plaintiff's witnesses, the plaintiff- was entitled to recover the proportionate price which the thirty copies bore to the entire edition of 130 copies, or simply the extra cost of thirty copies. 2. Whether the intent of the parties to be gathered from this conversation and the other circumstances should have been submitted to the jury as a question of fact.
I have no doubt that if articles are manufactured separately, and without the use of a factor or instrument common to all, the…
2Cases cited8 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Globe Works v. WrightMassachusetts Supreme Judicial Court · 1870
- Kingsbury v. BuchananSupreme Court of Iowa · 1860
- Dudgeon v. HaggartMichigan Supreme Court · 1868
- Herbert v. FordSupreme Judicial Court of Maine · 1851
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