[Download] "St. Joseph Iron Works v. Farmers Mfg. Co." by United States Court of Appeals for the Fourth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: St. Joseph Iron Works v. Farmers Mfg. Co.
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 28, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is a suit to recover royalties under a patent licensing contract. Plainitff, St. Joseph Iron Works, is a manufacturer of basket making machinery. Defendant, Farmers Manufacturing Company, is a manufacturer of baskets used as containers for fruits and vegetables. Under a contract with plaintiff of November 20, 1935, defendant paid royalties amounting to $8,357.11 during the years 1926 to 1929 to the American Containers Corporation, affiliated with plaintiff, to which plaintiffs rights under the contract had been assigned. Plaintiff, having obtained a re-assignment of the contract to it, seeks to recover royalties for the years 1929 to 1935 amounting to $26,962.07. Defendant resists the recovery of further royalties and seeks by way of counterclaim to recover from plaintiff those already paid, on the ground that plaintiff has breached the contract by rebuilding in accordance with its patents certain machinery of the Patten Package Corporation of Calypso, N.C., without requiring royalties of that corporation and without notifying defendant in accordance with the requirements of the contract of the terms thus granted, which were more favorable than those granted plaintiff. Other breaches of the contract are relied on by defendant; but, in the view which we take the case, they are not here material. There was decree for the defendant in the court below, and plaintiff has appealed.