Kaufman v. Christy

Citations

• 95 Kan. 554
• 148 P. 617
• 1915 Kan. LEXIS 254

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale — Patent Right — Competent Evidence to Show Actual Vendar in the Transaction. The defendant was sued for the price of a patent right which it was alleged he sold to the plaintiff. The defense was that the defendant was not the vendor. Under the rule which permits the introduction in evidence of facts which are relevant to facts in issue, which explain facts in issue and-relevant facts, • and which support or rebut inferences from such facts, it is held that it was proper for the defendant to explain his conduct and show his true relation to the transaction. To this end it was proper for him to show his agency to. procure the subject of sale from the patentee for the actual vendor, the execution of such agency, that he was a creditor of the patentee, and the distribution of the proceeds of the sale made to the plaintiff whereby he obtained payment of a portion of the patentee’s indebtedness to him.</p>