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Hammond v. Mason & Hamlin Organ Company, 92 U.S. 724 (1875)

Hammond v. Mason and Hamlin Organ Company

92 U.S. 724


1. A contract concerning the use of a patented invention bound the "parties and their legal representatives to the covenants and agreements of the contract." A plea alleged that the defendants "are the legal representatives and successors and assignees in business and interest" of one of the parties. The question being on the sufficiency of this plea, held that the defendants were the legal representatives of that party within the meaning of the contract.

2. An allegation that L. refused to manufacture and furnish his invention as he had agreed to do is equivalent to an allegation of a demand on him to do so and a refusal.

3. Where an inventor signed several different agreements with the same party on the same day for the sale of his invention and for a license to us it, they must all be construed together, and if it is apparent that he intended to convey the right to use a new invention in connection with former patents under any renewal or extension of the former, the grantee or assignee is protected, though the improvement was never patented and though the

Page 92 U. S. 725

reissued patent was extended afterwards. It is a question of intention to be gathered from all the instruments of writing in the case.

4. The rights growing out of an invention may be sold, including the right to use it, though no patent ever issues for it.

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