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

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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

Syllabus

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. chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 109 U. S. 91





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