The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-19

and use, of his patented gum, or compound, IN the
mannt ,cture of such goods, excepting the licenses
of Hr Atkinson & Runnyon, Ford Il Co., and 0nder-
donf. and Letson, above mentioned, Goodyear
era nts sells and assigns to Day, 1.-THE full, alb
SO nte and exclusive right, license and privilege
No make use and vend, shlrred or corrugated
goods; 90 use in the manufacture thereof all or
sapv Of the machinery or improvements mentioned
and described in and secured by all or any OF SAID
letters patent; and also to use In the manuiac-
fue of such shrred or corrugated goods all or any
of the compounds, fabrics or ingredients, ana me-
thods of preparing such compounds, fabrics or Ia
gradients mentioned or described in and claimed by
said letters patent for and duriug the SAID uneX
pred term Of said letters patent above enumerated
and of all renewals and extensions OF the same
He also grants to Day 1.-THE like full, absolute ana
exclusive right, license and privilege Tor the IKE
terms and periods to all or any OF the machine-
nv, compositions or fabrics patented by said food
wear or which he shall obtain patents for IN the
manufacture of India rubber hose, OF the KIND pa
tented by said Day, air beds and AIR pillows OF al
kinds DAYS patent boat, Grlthths patent cotton
fioaters and Day S patent chairs aud settees
The extent of the first mentioned grant depends
upon the meaning of the terms ''shirred OF CORFU
gated goods" as used in the granting clause oil the
deed, and as understood by the parties to II when
the grant was made by Goodyear and accepted Dy
Day. That meaning must be gathered rom Ile
grant itself in the deed contained, rom IL Tue
tine and clear meaning can be ascertllheu Ihat
meaning depends upon the construction OIL the deco
itself-ior deeds must speak for themselves when
they are able TO speak clearly and Understandings
nose of showing what was to be the subject OF the
grant. Goodyear states, as we have seen, that he
owns the rights secured IN the four patents emu
merated, SO far as such rights relate TO tue manu-
facture of "shrred or corrugated India rubber
roodsr which were one subject Of the grant, eX
cent the three licenses named, which were for
'shirred or corrugated goods AT that time, the
whole right to use The vulcamzed rupper IN tne
manufacture Of all elastic woven goods and elastic
cloth, except the "shirred or corrugated goods,
made according to the patent OF March y, lSii,
was in the Naugatuck India Rubber Company.
The first suggestion that occurs upon reading the
recital is this il Goodyear had intended that that
grant should comprehend the exclusive right to use
his vulcanized rubber and his other preparations
in the manufacture OF elastic woven goods ana all
wrinkled or corrugated cloth, whether made ac-
cording to the shrred goods patent or not, under
the name of "shirred or corrugated goods" he
would have expressly included this right IN the
exceptions which he made. For 1T was well known
10 him that the right as 10 woven goods was Ii that
company.
no exclusive right to manufacture any KIND OF
elastic India rubber cloth, except such as was
manufactured according TO the patent of March
., ls44, and called /" shirred or corrugated India
rubber goods,' though he had an exclusive
right to certain kind OF prepared or cured
India rubber, which could not be used by any
one in the manufacture OF any KIND of elastic
CLOTH without his permission. SO far as Goodyear
was concerned, ali kinds of india rubber elastic
goods or elastic cloths, by whatever name Known
except the particular kind OF India rubber cloth
made according to his patent OF March - lei4, and
to which be had an exclusive right-could he made
BY any one unless the one making 1t should use,
in the manufacture Of it, the part kind or pre-
marathon OF India rubber material patented to him
1t is not to be presumed that grantor intends to
grand more than he has right to grant, or that
grantee intends to receive, by way OF grant, that
to which he has a full right without grant.
The grant of right contained IN the granting
clause of the deed Of the 10th day of October 1916,
was of an exclusive right, which, at the time, was
vested in Goodyear, and not OF anything TO which
Day had right without such grant. 1t was of the
exclusive right which Goodyear then had to make
"shrred or corrugated goods, with the hcence and
privilege to do certain things, which would make
that exclusive right valuable; which certain
things were, the use, in the manufacture OF the
"shirred or CORFU gated goods, TO which the eX-
elusive right had been conveyed, OF any OF the ma
chnery or improvements mentioned and described
n and secured by any OF the letters PATENT and the
use also, in the manufacture OF such 'shirred
or corrugated goods" to which an exclusive right
had been conveyed, OF any OF the compounis,
fabrics ingredients mentioned or described In sad
letters patent,
The terms of the grant therefore, taken in con-
nection with the recitals in the preamble without
resort the subsequent portions Oh the deed 10 AID
In their Interpretation, import that what was grant
ed was the exclusive right which Goodyear mad by
virtue OF his patent OF March D. lsli, TO make 'shlr-
red or corrugated goods, with the license and prlvi
lege to use IN the exercise and enjoyment OF such e
elusive right granted, certain other rights secured
Il HIM TO make that exclusive right more valuable
This was the extent OF the grant, AS II appears from
the language of the granting clause Tins was what
the parties meant by the terms which they use SO
far as it respects "shirred or corrugated goods
that was the extent of the grant. The other pa
tents Of Goodyear were to be used only IN the
manufacture OF the "shIrred or corrugated goods,
secured by the patent OF March 0, ls4i. There was
NO right gwen TO use Goodyears preparations and
improvements in India rubber, no rlgnt to use the
yulcanizcd rubber IN the manufacture oi any elastic
articles, or elastic goods, or elastic cloths, except
the "shirred or corrugated goods made according
to the shirred goods patent.
But, ia giving an Interpretation to particular
clause of deed, we must look to every part of it,
in order 10 ascertain whether such Interpretation is
the true one; to see II III this deed any more eX-
tended and enlarged meaning can be given TO the
terms "shrred or corrugated goods, as used in the
granting clause, than We have already gwen TO
those terms, by the consideration OF such granting
clause, taken IN connection only Win the rectals III
the preamble contained.
The deed contains several covenants on the part
of Goodyear One is that said Goodyear VIII not
hereafter grant any right, Incense or agreement 10
INV person persons bodies polite or corporate,
to manufacture vend or use corrugated or shrred
goods, or TO build, use or vend any of the afore-
said machinery, or TO use any oil MS com,
mounds IN the manufacture Of sirred or corrugated
goods, and will not himself manufacture or import
any corrugated shirred goods; and ia case OF u
violation of this section, tof the deed,) then the
covenants OF said Day, hereinafter contained, shall
not be binding On said Day." The covenants of
Day here referred to were, that he would pay tarH
aud do other acts. 1t is claimed that this covenant
is inconsistent with the construction already put
the granting clause, and consistent only with the
construction given 10 it by the compainants.
This covenant was entered INTO iof the purpose
of relieving Day from the obligation of his cove
nants in case Goodyear should do certain things,
the doing of which would De IN violation OF the
right granted. IL designed more eicc tually to
secure Day in the exclusive right granted fhe
terlns '.shrred corrugated goods are used three
several tunes in this covenant 1t il insisted that
IN he TUG "a Il Instances.
different from that intended for them as used ia the
first part OF the covenant; that III the last two in
stances they mean "shirred or corrugated goods
made in a different manner from those manutac
tured according TO the patent OF March ., 1874
that they mean all India rubber goods when made
by combining threads or strands of yulcanized rub
Der with soine textile material; and that such lat
Ter goods were comprehended Ia the terms STIRRED
or corrugated goods
IL is admitted that the meaning Of the terms a.
...aa The III the covenant il ,.shrrcd