McCornack v. Sharples

Citations

• 254 Pa. 541
• 99 A. 155
• 1916 Pa. LEXIS 764

Syllabus

<p>Equity — Royalties—Withholding payments — Good faith — Interest — Costs.</p> <p>1. A bona fide dispute as to tbe amount of indebtedness is no bar to the accruing of interest. If a tender of payment falls short of the sum found to be due at the time of tender, interest runs on the whole.</p> <p>2. Interest upon unpaid installments of royalty due from time to time for the use of a patent, is properly allowed in a suit for the royalty although the payments were withheld in good faith, and as the result of a controversy over an honest difference of opinion as to the right of the patentee to the royalty.,</p> <p>3. In a suit in equity for the assignment of a patent where defendant filed a cross bill for an accounting for royalties due from plaintiff and where none of plaintiff’s contentions are sustained, but where on the contrary it appears that a large sum is due from plaintiff to defendant, the entire costs should be imposed upon plaintiff.</p>