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KINSMAN V. PARKHURST, 59 U. S. 289 (1855)

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U.S. Supreme Court

Kinsman v. Parkhurst, 59 U.S. 18 How. 289 289 (1855)

Kinsman v. Parkhurst

59 U.S. (18 How.) 289


Where there was an agreement between a patentee and an assignee that the latter should manufacture the machines for a certain time and upon certain terms, it is too late for him, when called upon in chancery for an account, to deny that the patentee was the original inventor of the thing patented.

Even if the patent were invalid, yet that does not so taint with illegality the sales of the machines by the assignee as to affect the claim of the assignor to an account of the sales.

The agreement that one only of the parties should continue the manufacture was not void as being in restraint of trade.

The assignee could not legally purchase the outstanding claim of a third person and set it up against the patentee with whom he had an existing agreement in the nature of a co-partnership.

If the assignee transfers his contract, the person to whom he transfers it is bound by the same equities which existed between the original parties to the contract, having purchased with a full knowledge of the state of things.

If the report of the master was incorrect, exception should have been taken to it in the court below. It cannot be examined in this Court, no exception having been taken. chanroblesvirtualawlibrary

Page 59 U. S. 290

The facts are stated in the opinion of the Court.

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