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VIII.
No license ag-reement was executed by tlie Patents Company with complainant, or delivered, nor was the Patents Company under any leg'al or equitable duty to issue a license to the complainant, no agreement to do so having* been shown, nor any consideration for such an agreement having been proved.
The bill of complaint, it will be noticed (pp. 12-13), prays substantially that the Patents Company be ordered and decreed to deliver to complainant the new license, or, " if said license agreement has not already been signed and sealed on behalf of said Motion Picture Patents Com. pany, said Motion Picture Patents Company be ordered and decreed to sign and seal the same, and be further ordered and decreed to deliver the said license agreement so signed and sealed," to complainant, and in default thereof that the " license agreement be declared to be in full force and effect, and that your ozator and the defendant, the Motion Picture Patents Company, be declared to be subject to all the obligations and entitled to all the rights and provisions in said license agreement according to the terms thereof to all intents and purposes as though the same had l)een signed and sealed "; but that if the license agreement alleged to have been executed had been lost or destroyed, " said Motion Picture Patents Company, by its officers, be ordered and directed to prepare a new license agreement in writing," and execute and deliver the same.
In short, the bill of complaint ask that the Patents Company be decreed to deliver the license agreement, if executed, and if not executed to complete the execution thereof; or to execute a new agreement and deliver the same to the complainant.
In the first place the proof shows that the license agreement was never executed, much less delivered.