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FINNEGAN v. SPIEGL FARMS, INC.

Docket No. 21908.

234 Cal.App.2d 408 (1965)

44 Cal. Rptr. 645

WILLIAM A. FINNEGAN, as Executor, etc., Plaintiff, Cross-defendant and Appellant, v. SPIEGL FARMS, INC., Defendant, Cross-complainant and Appellant.

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

May 14, 1965.

Attorney(s) appearing for the Case

George L. Duke and George F. Wasson, Jr., for Plaintiff, Cross-defendant and Appellant.

Ackerman, Johnston, Johnston & Mathews and Willard S. Johnston for Defendant, Cross-complainant and Appellant.

DRAPER, P.J.

Plaintiff sought recovery of royalties under patent licensing agreements. Defendant cross-complained to recover royalties paid. Both appeal from the judgment. The principal issue is the duration of the agreements.

In 1945, plaintiff agreed to install, and defendant to pay him for, a unit for commercial freezing of food. The agreed price was fully paid. This agreement expressly provided that it granted no license to use the equipment. By "license...

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