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Electric Boat Co. v. United States, 263 U.S. 621 (1924)

Electric Boat Company v. United States

No. 159

Argued January 11, 14, 1924

Decided January 28, 1924

263 U.S. 621


Where the United States, without disclosure to it of the scope of an application for patent, obtained by a contract with the applicant a license at certain rates, to manufacture and use the devices covered by the application, and was later sued by the licensor for its use of a device procured from another, which the licensor claimed came within his application and subsequent patent, held: (a) that the government was not estopped from showing, by attendant facts and circumstances, that the contract was not intended by the parties to apply to the device so used, and (b) that a judgment of the Court of Claims, so limiting the contract, upon facts found, was not erroneous as a matter of law. P. 263 U. S. 627.

57 Ct.Clms. 497 affirmed.

Page 263 U. S. 622

Appeal from a judgment of the Court of Claims rejecting the appellant's claim, upon the facts found from the evidence.

Page 263 U. S. 626

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