Tupelo Spindle Co. v. Allis-Chalmers Manufacturing Co.

CLAYTON, District Judge.

This is a suit by plaintiff, Tupelo Spindle Company, a Mississippi corporation, to rescind a contract made with the defendant, Allis-Chalmers Manufacturing Company, a foreign corporation, and to obtain by such recision certain patent rights assigned to defendant pursuant to said contract. Claim for such relief is bottomed principally on these positions advanced in the pleadings or in briefs by plaintiff:

a) Fraud on the part of Allis-Chal-mers in the procurement of the contract;

b) Failure of Allis-Chalmers to give plaintiff a reasonable opportunity to adequately perform…