FRUIT MACHINERY CO. v. F.M. BALL & CO.

Docket No. 15461.

118 Cal.App.2d 748 (1953)

258 P.2d 852

FRUIT MACHINERY COMPANY (a Corporation), Respondent, v. F.M. BALL AND COMPANY (a Corporation), Appellant.

Court of Appeals of California, First District, Division One.

June 29, 1953.


Attorney(s) appearing for the Case

C.P. Door and Otto C. Stelling for Appellant.

Cooley, Crowley & Gaither for Respondent.


WOOD (Fred B.), J.

This is an action in contract for royalties payable by defendant to plaintiff in 1949 and 1950 according to the terms of an agreement by which plaintiff (licensee of the patentee) granted defendant a "non-exclusive sub-license to construct, manufacture, own, use and maintain 125 F. & P. Pitters" (patented peach pitting machines) under the terms and conditions expressed in the agreement.

Judgment was rendered in favor of plaintiff in...

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