COLE NURSERY CO. v. YOUDATH PERENNIAL GARDENS

No. 5233.

17 F.Supp. 159 (1936)

COLE NURSERY CO. v. YOUDATH PERENNIAL GARDENS, Inc., et al.

District Court, N. D. Ohio, E. D.

May 13, 1936.


Attorney(s) appearing for the Case

John F. Robb (of Robb & Robb), of Cleveland, Ohio, and Charles P. Baker (of Baker & Clipp), of Painesville, Ohio, for plaintiff.

T. R. Spilka, of Cleveland, Ohio, for defendants.


JONES, District Judge.

The suit is one for infringement, injunction, and accounting for damages and profits in respect of Plant letters patent, No. 110, issued to Horvath and assigned to the plaintiff. Invalidity and noninfringement are the main defenses to the bill. Defendant also asserts failure to prove corporate capacity of the plaintiff and failure to prove assignment, both of which are denied by answer; but the primary questions upon which the controversy turns...

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