Consolidated Oil Well Packer Co. v. Jarecki Mfg. Co.

Citations

• 157 Pa. 342
• 27 A. 543
• 1893 Pa. LEXIS 1423

Syllabus

<p>Patents — Accounts—Estoppel—Costs in equity.</p> <p>The owners of a patent licensed another to sell it at the rate of forty dollars for each article sold. Difficulties arose between the parties, and the licensors notified tiie licensees that the license was revoked. The licensors then began selling the article at twenty-five dollars. The licensees notified the licensors that they did not acquiesce in the revocation of the license, and they considered that the act of the licensors in selling the article at twenty-five dolías authorized them to sell it also at that rate. To this notice the licensors made no reply. On a bill for an account it was decided that the licensors were not justified in revoking the license. Held:</p> <p>1. That the licensees were only obliged to account at the rate of twenty-five dollars for each of the articles sold.</p> <p>2. That the licensors were bound to account to the licensees for the profits on the articles sold by them.</p> <p>8. That the costs should be equally divided between the parties.</p>