Patterson's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas Is o. 3, of Philadelphia county: Of July Term 1881, No. 76. Bill iu equity, by Cunningham S. Patterson, against the Novelty Paper Box Company, praying for an account, and that the defendant be decreed to pray the complainant certain royalties for the use of a patented invention.
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Appeal from the Court of Common Pleas Is o. 3, of Philadelphia county: Of July Term 1881, No. 76. Bill iu equity, by Cunningham S. Patterson, against the Novelty Paper Box Company, praying for an account, and that the defendant be decreed to pray the complainant certain royalties for the use of a patented invention. The bill set forth: that by an agreement under seal, dated November 30th 1877, the plaintiff granted to the company defendant “sole and exclusively of all others the license and right to make, use and sell in the United States all the devices granted to Charles T. Palmer for the…
1Opinion of the CourtJustice Sterrett
The rights and liabilities of the parties to tliis contention must be measured and determined by their agreement of November 1877; considered in connection with what subsequently occurred in relation to the subject matter thereof.
By the terms of that agreement the appellant, as assignee of certain letters patent issued by the United States to Charles T. Palmer in October 1872, granted to the Novelty Paper Box Company, the appellee, the sole and exclusive right and license to make, use and sell all the devices for the manufacture of paper-or pasteboard boxes, covered by said patent, and to…
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