Brief for appellees motion picture patents company and Edison manufacturing company (1913)

Record Details:

Title:
Brief for appellees motion picture patents company and Edison manufacturing company
Date:
1913
Publisher:
New York : The Evening Post Job Printing Office
Volume:
Brief for appellees motion picture patents company and Edison manufacturing company
Leaf #:
00071
Language:
English
Collection:
Books and Government & Law
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
{"Media History Digital Library","Richard Koszarski",Domitor}
Coordinator:
Media History Digital Library
Description:
Date Added:
November 16, 2023
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67 The Edison licensees attended the meeting of December 18, 1908, as applicants for a new Patents Company license; and while it may have been the intention of the officers of the latter Company to issue a new license to such of the Edison licensees as were in good standing and had kept and performed all the conditions and covenants contained in their respective licenses, the evidence fails to show any promise or agreement to do so, or any consideration for such a promise if it existed. No such promise can be inferred from the mere fact that the Patents Company had acquired the Edison and Biograph patents. The Company acquired the Edison patents subject to the outstanding licenses, but it was under no express or implied obligation to issue a new or additional license covering the patents which it had acquired from the Biograph Company. The Patents Company was in no sense a merger or consolidation of the Edison and Biograph Companies. If it be urged that the complainant's status as an Edison licensee on December 18, 1908, equitably entitled it to a Patents Company license, the answer to that contention is that on that day the defendants elected to rescind and did rescind the transfer of the Edison licenses to complainant for fraud, and, further, the licenses automatically ceased and determined for breach of the conditions subsequent in the collateral agreement of September 18, 1908. LAST POINT. The decree of the District Court should be in all things affirmed, with costs. Caldwell, Masslich & Reed, Solicitors for Appellees Motion Picture Patents Company and Edison Manufacturing Company. J. H. Caldwell, Herbert K. Stockton, Of Counsel. 18008M)