GRISWOLD v. DIXIE FOUNDRY CO.

Civil Action No. 1212.

79 F.Supp. 79 (1948)

GRISWOLD v. DIXIE FOUNDRY CO., Inc.

District Court, E. D. Tennessee, S. D.

July 20, 1948.


Attorney(s) appearing for the Case

John J. Hooker, and Joe Brown Cummings, both of Nashville, Tenn., for plaintiff.

Mayfield & Mayfield, of Cleveland, Tenn., and Spears, Reynolds & Moore, of Chattanooga, Tenn., for defendant.


DARR, District Judge.

The defendant has a motion (1) to require plaintiff to declare whether he intends his suit to be one upon contract or one upon tort, and (2) to dismiss by virtue of certain Tennessee statutes.

The second ground of the motion will be first considered.

The plaintiff, as an inventor, entered into a contract with the defendant, a manufacturer, whereby the defendant would manufacture certain patented articles upon royalty basis. On...

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