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STERLING DRUG, INC. v. CITY BANK FARMERS TRUST CO.

No. 2, 1959.

154 A.2d 156 (1959)

STERLING DRUG, INC., a corporation of the State of Delaware, and Winthrop Laboratories, Inc., a corporation of the State of Delaware, Defendants-Below, Appellants, v. CITY BANK FARMERS TRUST CO., a New York corporation, Executor of the Estate of B. Thurber Guild, Deceased, Plaintiff-Below, Appellee.

Supreme Court of Delaware.

July 15, 1959.

Attorney(s) appearing for the Case

Henry M. Canby, of Richards, Layton & Finger, Wilmington, and Mathias F. Correa, of Cahill, Gordon, Reindel & Ohl, New York City, of counsel, for Sterling Drug Inc. and Winthrop Laboratories.

Herbert L. Cobin, Wilmington, and William D. Denson, of Morgan, Finnegan, Durham & Pine, New York City, of counsel, for City Bank Farmers Trust Co.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

This is an appeal from an order of the Vice-Chancellor denying the defendants' motion for summary judgment.

The action is for an accounting of royalties due the plaintiff. The plaintiff1, the owner of a patent for a cleansing substance for sensitive skin, granted the defendants an exclusive license of the patent. The license agreement provided for the payment to the plaintiff...

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