Magnusson v. Tanzy

Citations

• 85 Wash. 561
• 148 P. 883
• 1915 Wash. LEXIS 1294

Syllabus

<p>Patents — Assignment — Rescission — False Representations— Knowledge. An assignment of a patent will not be cancelled for false representations by tbe assignee as to his financial resources for tbe manufacture of tbe machines, which was tbe consideration for tbe assignment, where bis inability to finance tbe enterprise alone was known to plaintiff early in their negotiations and before tbe assignment was made.</p> <p>Patents — Assignment—Consideration—Evidence. A finding of failure of consideration for assignments of a half interest in two patents is supported by evidence to tbe effect that tbe assignment was made on defendant’s agreement to manufacture and market tbe machines at tbe joint expense of tbe plaintiff and defendant, and divide tbe profits, that both contributed in equal amounts to tbe manufacture of eight machines, and that tbe defendant thereafter refused to advance any money for tbe manufacture of machines necessary to protect one of the patents.</p>