Wicks v. Matam Corp.

Plaintiff moves to strike out the first affirmative defense, and the first and second counterclaims in the amended answer.

The action is for a breach of contract, pursuant to which plaintiff assigned certain patents to defendant, in consideration of plaintiff’s receipt of royalties arising out of the sale of the patented devices to be manufactured by defendant. Plaintiff received $5,000 as an advance on future royalties. "The claim is made that defendant breached the agreement by failing and neglecting to manufacture and sell any of the devices mentioned in the contract, and by failing to…