Marsh v. Scott

Citations

• 125 Ill. 114
• 16 N.E. 863

Syllabus

<p>1. Rescission of contract—fraudulent representations. A contract for the purchase of a patent right, induced by the false and fraudulent representations of the vendor, will be rescinded by a court of equity, and the parties restored to their original rights.</p> <p>2. Same—as to letters patent, incomplete at time of sale, but perfected afterwards. Where letters patent are issued without being signed by the Secretary of the Interior, and the patentee, as soon as the want of the signature is discovered, has the same signed, it would seem that a sale of the patent by him before discovery of the defect, will not be set aside on that ground alone.</p> <p>3. Patent right—absence of signature to letters patent. A so-called patent, not signed by the Secretary of the Interior, will not pass any title or interest to the patentee; yet if the latter is the author and owner of a useful invention, which was intended to be patented, he will have a valuable right, which he may, in equity, sell and assign to another.</p>