Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit and brief in support thereof (1916)

Record Details:

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Exhibit C. was nothing in the notice or elsewhere to prevent the appellant from varying the royalty as to na tnre or amount. Such a condition is too indefinite for enforcement, though a notice of a precise amount to be paid might be perfectly good. The notice affixed to the machine was so broad as to allow the patentee to fix any terms he might choose and to be repugnant to all rights which the owner of the machine might have obtained by his purchase and implied license. The imotion for re-argument is denied. 73 74 75