OWENSBORO DITCHER & GRADER CO. v. MARKHAM

No. 5136.

32 F.2d 564 (1929)

OWENSBORO DITCHER & GRADER CO. v. MARKHAM.

Circuit Court of Appeals, Sixth Circuit.

May 11, 1929.


Attorney(s) appearing for the Case

W. P. Sandidge, of Owensboro, Ky. (Sandidge & Sandidge, of Owensboro, Ky., on the brief), for appellant.

E. B. Anderson, of Owensboro, Ky. (Harold Taylor, of Indianapolis, Ind., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.


HICKENLOOPER, Circuit Judge.

This was an action by a patentee, Markham, for an accounting by the appellant, defendant below, under a contract granting a license to manufacture and sell certain patented clamps. Only two contentions worthy of consideration are urged. The first raises a question of accord and satisfaction; the second, one of construction of section 15 of the contract.

1. The agreement provided for a minimum royalty of $2,500 for the first year...

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