American Machinery & Construction Co. v. Stewart & Haas

Citations

• 115 La. 188
• 38 So. 960
• 1905 La. LEXIS 640

Syllabus

<p>LEASE OF PATENTED MACHINERY — ROYALTIES NOT DUE — BIGHT TO SUE — DEFENSES —INFRINGEMENT.</p> <p>1. The exceptional and extraordinary privilege granted to landlords to sue for rent not due when the tenant abandons the house or ■farm leased has no application to a suit by a lessor of patented machines to recover future royalties extending during a period of 14 years.</p> <p>2. Where such lessor of patented machines alleged his right to recover judgment for future royalties on the ground that the defendants had abandoned the machines and refused to comply with the contract of lease, held, that the issue presented pertained to the merits, and that defendants waived no rights by not filing an exception of prematurity in limine litis.</p> <p>3. Where plaintiffs patent has been decreed an infringement on another patent, and the cause remanded for further proceedings, and where the holders of the adverse patent have enjoined plaintiffs lessees from using the machines leased, this court will not undertake to prejudge such litigation, but will reserve plaintiffs right to sue for future royalties as they accrue and defendants’ right to interpose any defenses they may have in the premises.</p> <p>(Syllabus by the Court.)</p>