HOWARD INDUSTRIES, INC. v. RAE MOTOR CORPORATION

Civ. A. 6396.

165 F.Supp. 646 (1958)

HOWARD INDUSTRIES, INC., a corporation, Plaintiff, v. RAE MOTOR CORPORATION, a corporation, Defendant.

United States District Court E. D. Wisconsin.

September 25, 1958.


Attorney(s) appearing for the Case

Heft & Coates, Racine, Wis., for plaintiff.

Foley, Capwell & Foley, Racine, Wis., for defendant.


GRUBB, District Judge.

This action is brought for alleged breach of an agreement settling a patent infringement case.

The principal defenses relied upon are: (1) That the settlement agreement has not been breached; (2) that if it were breached, plaintiff is estopped from prosecuting this action because of laches; and (3) a defense which was first asserted on the trial, i. e. that if the contract is interpreted as plaintiff would interpret it, it is void as...

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