U.S. Court of Appeals for the Second Circuit, 1946

Grant v. Kellogg Co.

U.S. Court of Appeals for the Second Circuit · Decided March 4, 1946 · Swan, Clark, and Frank, Circuit Judges

154 F.2d 59; 75 U.S.P.Q. (BNA) 301; 1946 U.S. App. LEXIS 3109 (Federal Reporter, Second Series)

Counsel

Regan & Barrett, of New York City (Edward G. Bathon and John N. Regan, both of New York City, of counsel), for appellant., Simpson, Thacher & Bartlett, of New York City (Whitney North Seymour and Stephen P. Duggan, Jr., both of New York City, of counsel), for appellee.

Cases that cite this one

1 later published case cites this decision.

Goodis v. United Artists Television, Inc. (District Court, S.D. New York 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

FRANK, Circuit Judge.

The evidence amply supports Judge Bright’s findings that (1) the original oral agreement was to endure for a year, (2) there was no reservation of title, either express or implied in fact, and (3) plain *60 tiff’s letter of December 16, 1938, constituted a valid release. We see no errors in the admission or exclusion of evidence. Because of the findings, we do not reach the issue of the extent of the copying. Plaintiff’s elfish imagination seems to have given him a mistaken notion of his rights.

Affirmed.

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