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LIMBERSHAFT SALES CORPORATION v. A. G. SPALDING & BROS.

No. 241.

111 F.2d 675 (1940)

LIMBERSHAFT SALES CORPORATION v. A. G. SPALDING & BROS.

Circuit Court of Appeals, Second Circuit.

April 29, 1940.

Attorney(s) appearing for the Case

Lewis & Kelsey, of New York City (Charles J. Lane, of New York City, of counsel), for appellant.

McLaughlin & Stickles, of New York City (Chester B. McLaughlin, of New York City, Frank H. Foley, of Mount Vernon, N.Y., and Gordon W. McKean, of New York City, of counsel), for appellee.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

SWAN, Circuit Judge.

Upon a jury's verdict the plaintiff has recovered judgment for breach of a written contract, by the terms of which the defendant was granted a non-exclusive license to manufacture and sell golf clubs embodying the invention covered by United States Patent No. 1,662,712. The licensee agreed to pay a royalty of 35 cents (later reduced to 13 cents) per shaft on shafts used in such clubs. The shafts were...

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