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LAVER V. DENNETT, 109 U. S. 90 (1883)

U.S. Supreme Court

Laver v. Dennett, 109 U.S. 90 (1883)

Laver v. Dennett

Argued October 9, 1883

Decided October 29, 1883

109 U.S. 90


After many conversations, and after a draft agreement had been made, A, in 1870, in writing, granted to B a license to make, use, and sell, and vend to others to sell, an invention in defined districts. In 1873, B discovered that the agreement gave him no exclusive rights, which it was the purpose of both parties to have done. He notified A, and A at once offered to grant

such right for the original consideration. In November, 1873, B refused to

accept a new agreement and took steps to terminate the existing one. A thereupon sued B for royalties claimed to be earned under it. B filed a bill in equity claiming that there was a mistake in the agreement, and praying to have it cancelled and A restrained from prosecuting an action under it. Held that there was no mistake between the parties as to the agreement made; that the minds of the parties met, and an agreement was made, although the legal effect of it was different from what was intended; that A was not in default, and there was no ground for the relief prayed for.

Suit in equity to have an agreement respecting the transfer of an interest under a patent set aside and cancelled as made under a mistake, and all suits at law thereon stayed and enjoined. The facts are stated in the opinion of the Court.

Page 109 U. S. 91

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