AMERICAN RADIATOR CO. v. FOSTER

No. 7473.

98 F.2d 135 (1938)

AMERICAN RADIATOR CO. v. FOSTER.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1938.


Attorney(s) appearing for the Case

Thomas H. Adams, of Detroit, Mich., and Inzer B. Wyatt, Jr., of New York City (Hill, Hamblen, Essery & Lewis, Charles E. Lewis, and Thomas H. Adams, all of Detroit, Mich., and Sullivan & Cromwell and Inzer B. Wyatt, Jr., all of New York City, on the brief), for appellant.

Orville H. Foster, Jr., of Detroit, Mich. (Orville H. Foster, Jr., of Detroit, Mich., on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.


ALLEN, Circuit Judge.

This is an appeal from a judgment entered on a verdict directed in favor of appellee in an action to recover royalties claimed to be due under a license agreement. Appellee invented and patented an expansion coil used in electric refrigeration, for the manufacture and sale of which appellee gave to appellant an exclusive license under a contract executed August 7, 1929. The contract called for a down payment of $7,500 to be considered as advance...

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