Laver v. Dennett

Citations

• 109 U.S. 90
• 3 S. Ct. 73
• 27 L. Ed. 867
• 1883 U.S. LEXIS 934

Syllabus

<p>Assignment — License—Mistake—Patent.</p> <p>After many conversations, and after a draft agreement had been made, A, in 1870, in writing, granted to B a license to make, use, and sell, and vend to others to sell, an invention in defined districts. In 1873 B discovered that the agreement gave him no exclusive rights, which it was the purpose of both parties to have done. He notified A, and A at once offered to grant such right for the original consideration. In November, 1873, B refused to accept a new agreement, and took steps to terminate the existing - one. A thereupon sued B for royalties claimed to be earned under it. B filed a bill in equity, claiming that there was a mistake in the agreement, and praying to have? it cancelled and A restrained from prosecuting an action under it: Retd, That there was no mistake between the parties as to the agreement made ; that the minds of the parties met, and an agreement was made, although the legal effect of it was different from what was intended ; that A was not in default; and there was no ground for the relief prayed for.</p>