Fort Wayne, Cincinnati & Louisville Railroad v. Haberkorn

Appellee sued to recover royalties, or the value of the right to make and use certain pat*480ented appliances. The only questions argued are those presented by the motion for a new trial.

Counsel for appellant insist that the complaint is not for royalties, nor to recover the value of a license granted, but that it seeks to recover the value or price of a “transfer of a right in each patent,” and that the complaint is not supported by proof of a license;

There are various paragraphs of complaint, but all are substantially similar, save that they set up different patents.

The averments in each…