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BEN-WAT CORPORATION v. DAVID LUPTON'S SONS CO.

No. 10968.

9 F.2d 928 (1925)

BEN-WAT CORPORATION v. DAVID LUPTON'S SONS CO.

District Court, E. D. Pennsylvania.

December 31, 1925.

Attorney(s) appearing for the Case

W. Heyward Myers, Jr., of Philadelphia, Pa., and Lawrence Bristol, of New York City, for plaintiff.

William W. Porter, of Philadelphia, Pa., for defendant.

Before THOMPSON and DICKINSON, District Judges, sitting in banc.

THOMPSON, District Judge.

The plaintiff brought suit upon an agreement dated May 17, 1923, granting the defendant a license for the use, manufacture, and sale of vaporizers for internal combustion engines under the plaintiff's invention, patents, and applications for patents, for which the defendant was to pay royalties, the minimum of which was to be $12,500 per annum. The defendant had never used the invention. The suit was brought to recover $12,500, the minimum...

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