INVENGINEERING, INC. v. FOREGGER COMPANY

Nos. 13479, 13480.

293 F.2d 201 (1961)

INVENGINEERING, INC., Appellant, v. FOREGGER COMPANY, Inc., and Lily M. Foregger. INVENGINEERING, INC., v. FOREGGER COMPANY, Inc., Appellant, and Lily M. Foregger.

United States Court of Appeals Third Circuit.

Decided July 12, 1961.

Rehearing Denied August 4, 1961.


Attorney(s) appearing for the Case

William A. Marshall, Chicago, Ill. (Frank C. O'Brien, Pitney, Hardin & Ward, Newark, N. J., Charles J. Merriam, Chicago, Ill., on the brief), for plaintiff-appellant.

William J. Graham, New York City (William L. Dill, Jr., Stryker, Tams & Horner, Newark, N. J., on the brief), for defendant-appellee.

Before GOODRICH, KALODNER and STALEY, Circuit Judges.


STALEY, Circuit Judge.

This appeal requires us to determine whether the facts in the record support the district court's finding that the plaintiff intended to rescind rather than terminate a contract entered into with the defendant and, based on our determination of that question, what the rights of the parties are.

The Foregger Company, Inc., defendant, entered into a written licensing agreement with Invengineering, Inc., plaintiff, to manufacture and sell...

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