HORVATH v. McCORD RADIATOR & MFG. CO.

No. 5341.

35 F.2d 640 (1929)

HORVATH v. McCORD RADIATOR & MFG. CO.

Circuit Court of Appeals, Sixth Circuit

November 4, 1929.


Attorney(s) appearing for the Case

Howard Streeter, of Detroit, Mich., and Robert Crosser, of Cleveland, Ohio (MacKay, Wiley, Streeter, Smith & Tucker, of Detroit, Mich., on the brief), for appellant.

Charles E. Lewis and Charles C. Andrews, both of Detroit, Mich. (Thomas H. Adams and Warren, Hill & Hamblen, all of Detroit, Mich., on the brief), for appellee.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.


DENISON, Circuit Judge (after stating the facts as above).

The decree below found that the minds of the parties had met with sufficient definiteness to make an enforceable obligation and, in accordance with the prayer of the defendant's answer in the nature of a cross-bill, directed the plaintiff to execute a formal contract of exclusive license. Recognizing an element of vagueness in the provision for a 3 per cent. royalty upon the gross sales, the decree further...

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