J. S. Toppan Co. v. McLaughlin

Citations

• 120 F. 705
• 1903 U.S. App. LEXIS 5303

Syllabus

<p>1. Contracts — Evidence as to Identity of Party.</p> <p>Where there is a direct conflict in the oral testimony of the parties who made a contract with respect to the party in whose behalf it was made, the correspondence between them both before and after it was made becomes of paramount importance, and, if pertinent, is controlling.</p> <p>2. Same.</p> <p>Evidence considered, and held to show that a license under a patent was granted to a partnership, and not to a corporation having the same •name, subsequently organized, so that the corporation could not maintain a suit thereon.</p>