Kenny v. Knight

Citations

• 119 F. 475
• 1902 U.S. App. LEXIS 5294

Syllabus

<p>1. Contracts—Action nor Breach—Demurrer to Complaint.</p> <p>A demurrer to the complaint in an action on a contract, on the ground that the contract is vague, indefinite, incapable of enforcement, and void for uncertainty, goes to the right of the plaintiff to maintain the action, and the question whether the damages specifically claimed are such as are recoverable for breach of the contract declared on cannot be considered.</p> <p>2. Same—Power to Terminate—Ennect.</p> <p>Though a contract shows on its face that it is terminable at the will of either party on reasonable notice, it does not follow that it is not obligatory upon the parties so long as they continue to act under it, before revoking or terminating it.</p> <p>8. Same—Construction.</p> <p>A contract recited that defendants were sole owners of a fire extinguisher, together with the patents under which it was made and sold. It was provided that plaintiff should have charge of the introduction of the extinguisher in a certain state, and that defendant might annul the contract by notice in writing. Held, that the contract did not show that the term contemplated by the parties was the term of the patent.</p>