Linington v. Strong
Linington v. Strong
Opinion of the Court
delivered the opinion of the Court:
The only point made in this case is as to the proper construction to be given to the contract set out in hcec verba in the first count of the declaration. By said contract, appellant not only agreed to pay a royalty of $1.44 for each and every gross of the pinchers made and sold by him during the period of five years, but also agreed to pay that royalty on at least twenty-five hundred dozen of said pinchers each year during said term, the payments to be made quarterly, at the end of each and every quarter. By the express terms of the agreement, appellant was to pay, at all* events, the royalty on twenty-five hundred dozen pinchers each year, and that whether he manufactured and sold any of them or not. Appellant having made default in his part of the agreement, appellees had, by the terms of the contract, the election to rescind it, and declare it null and void, or to sue for the money agreed to be paid.
The judgment is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Charles M. Linington v. George H. Strong
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Contract—construed. Under a contract by the owners of a patent with a manufacturer giving the latter the exclusive right to manufacture and sell the article patented for the term of five years, in which the latter agreed to pay $1.44 on every gross of the article made and sold by him, payable quarterly, and also to pay the owners a royalty on at least 2500 dozen each year, payable quarterly, the owners are entitled to recover on 2500 dozen each year, without averring and showing the making and sale of any of the articles by the defendant.