Allen v. Riley

Citations

• 71 Kan. 378
• 80 P. 952
• 1904 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Patent-right — Vendor Must Register Letters Patent — Case Followed. The act of 1889 (Gen. Stat. 1901, secs. 4356-4358) requiring copies of letters patent and affidavits of their genuineness to be filed with the clerk of the district court is not invalid as an attempt to restrict the rights of holders of patents acquired under the federal statutes. The case of Mason v. McLeod, 57 Kan. 105, 45 Pac. 76, 41 L. R. A. 548, 57 Am. St. Rep. 327, followed.</p> <p>2. Contracts — Rescission—Offer of Restoration — Costs. Where the purchaser of a patent-right sold without a compliance with such act brings a suit to rescind the contract of sale and to recover the consideration paid, and in the petition offers to return all benefits received, and the defendant contests the rescission upon the ground that the statute is invalid, the plaintiff’s right to the relief asked and to a judgment for costs is not affected by an omission to offer to restore the patent-right before the commencement of the suit.</p>