, 1861-11-05
LAW INTELEEQENCKs
UNITED 8TArE- IRCUlT COURT.

Law INTKLEEQENCEs
UNITED sTArE- ,1Rcu1T COURT.
sos. zzoaks papnzoap. pe< s,ding-Noy. >. 1861.
CALVIN D. Read '. John 7. Whitaker, Fran
ess Bow1nsa and John IloTd.
1AA cause Wns On t1tN during Thuraday |
and Friday, md VIM concluded On Saturday
morning, when bis Honor delivered very
aba opinioo, deciding the cause In fhTor Of |
the plaintiff In tho outset, his Honor stated
tAat the questions involved were some OF the
most difficult he had ever been called upon to
decide, In connection with the construction OF
contracts. The facts Of the case were briefly
these:
In 1855 the plaintiff and defendant Whita
ker claimed to have invented several improve.
ments to1the Rakers and Mowers in common
use, which they were seeking to have patent
cd, They had forwarded their petition. specl-
tlcations and models to an agent at Washing
Inn. On the l1fh Of March, 1857, the parties
snpposing that their application for patent
had been flled, Road, the plaintiff sold out all
or, the defendant Whitaker, and executed an
assignment to him Of all his right, title and
interest, IN turn, for which Whitaker agreed
to pay 81. 500 1,500 payable In hand, 81, 500
On the 1st Of January, 1853, and 81 800, Janu-
ary /, 1850, with 10 per cent. interest. The
assignment referred to the application and
specifications as IN file in the patent Office,
but in fact they had not been filed By the
seept, nor we're they filed until in May, 1857.
At the date Of this assignment the plaintiff
Of the one part and the defendants Of the other
part entered into an agreement, recitiDs the
iy- aeA i%o1,o In
amount paid and to be psiA therefor, aud the
time when the deferred payments Would ma
ture It then proceeded: "*NoW. therefore,
We, the said John Lloyd, Francis Il. Bowman
and John F. Whitaker, do agree, for valuable
consideration. to Us paid BY said Read,
edge rs soon as the patent for the improve
ment in the Grain Reaper and Grass Mower
aforesaid is obtained by the said Read and
Whitaker, to execute unto the said Read our
Joint and several notes for said amounts,
payable as aforesaid, with interest as afore-
eaid:n (signed, &e) The ectlon Was BROUGHT
on this agreement, and the breach alleged was
the refusal to execute the notes as above. Plea,
| general issue.
II appeared IN evidence that the petition
accompanying the application for patent,
appointed one Hanney as an agent to OBTAIN
it, and authorized him to make any alteration
in the specifications and claims that he might
think proper. The specifications described
four distinct inventions and contained four
claime. Hanney, the agent, amended the
specifications so as to omit three OF the inyen~
TORS and s1Eek OUT me tnree M corresposasa1Ing ss1
patent was issued to Whitaker and Read upon
the remaining specification and claim.
On the 12th Of February, 1859, the defend
arfs. Bowman and Lloyd served notice upon
Read, that IN consequence o. hls neglect to
comply with the condition OF the contract,
bound; .o,,
oE the 1th OF FeoFaafy, lotU, the Original
| patent Was surrendered, and on amended Bpe'
c1tcatlone: 1oaf fe-1ssnes were made 10 " MIA
| ker and keed, covering the tour origlna!
claims. Inls ACTON was brought subsequent
to fhe above eS;e;ra r. issues: ~, o..:o, --o.,
| Inc pcsnofs assumed by the parties vert
fnrstantlany these
For the plaintiff: I. That the undertaking
ct the detendants was absolute, and not sub
jecl to any condition to beper1ormed BY Read
| That where contract limits time for its PEI
| formance by the promlsor, subject to c0ndi
| tion which the promsee Is not bound to pei
form, the undertaking Is absolute that Read
having parted with all bis interest in the in
vert.ons to Whitaker, it deVolyed on the latte
to procure the patent, end that Read had Il
right to interfere With him in 50 doing; ther
was therefore no condition which Read cou1
perform. Authorities were read In support {
this position. 2. That if the plaintiff ws
bound to chow performance Of the cond
ton, be had shown it by the patent Of Aug
IL, 1857; and 3, that, at all events, the re-l
sues Of February 7, 1850, covering all the or
eiual claims, was complete performance {
| fha condition nreceGent
On The part Of ;he defendant It was content
I'd: L MA Bowman and IloId qera s11retle
and entitleil to demand a strict comn1;ance
make them fable. q That The contract W.
conditional. and that The na+enf of Aronst +
7s57 for me of the inventions vas nof = ne
fnrmarce If tbe con6itinn. that thew we,
entitled to ;ierosrd q natenf cover;no The n.
claims 4 TFat fhe re.issnes Were n,,t viii
raa1o,ah1e 49, +tet raa~.tah1a ~ 49, ~
t. onest1nr If law and 1i;at the GanrE wa honn