Brown v. Cruse

Citations

• 90 Kan. 306
• 133 P. 865
• 1913 Kan. LEXIS 209

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>. 1. Promissory Note — Time of Payment Conditional — When Note Matures. A model maker and mechanical draftsman made a model for two inventors, and it. was then agreed that they should pay him two-thirds the value of his work, the three to share jointly in the patent to be procured. Thereupon they executed to him a note which recited that it was for work done; “said amount due when said amount is made out of said patent or the manufacture and sale of said machine under said patent.” Held, that the makers were obligated to put forth, together with the plaintiff, reasonable efforts thus to make the amount, and their failure. or refusal so to do within a reasonable time would leave them liable for its payment.</p> <p>2. Demurrer — To Evidence — Erroneously Sustained. The rule that a demurrer to the plaintiff’s evidence should not be sustained unless there is an entire absence of proof tending to show a right to recover, followed.</p>