HARLEY C. LONEY CO. v. MILLS

No. 10824.

205 F.2d 219 (1953)

HARLEY C. LONEY CO. v. MILLS.

United States Court of Appeals Seventh Circuit.

June 24, 1953.


Attorney(s) appearing for the Case

Harold B. Hood, Indianapolis, Ind., for appellant.

Casper William Ooms and Robert C. Williams, Chicago, Ill., Townsend F. Beaman, Jackson, Mich., for appellee.

Before MAJOR, Chief Judge, and FINNEGAN and SWAIM, Circuit Judges.


MAJOR, Chief Judge.

Plaintiff, the owner of Letters Patent No. 2,036,757 (issued to Hume), on September 19, 1946 granted a license to defendant, subsequently twice amended in ways not presently material. The license in Sections 6 and 7 required defendant to pay a specified royalty upon each licensed wheel balancing weight sold by defendant and to make periodic payments and reports.

Section 11, around which this litigation revolves, provided:

"In the...

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