Norris v. Rogers

Citations

• 107 Ill. 148
• 1883 Ill. LEXIS 239

Syllabus

<p>Pabtnebship—contract construed as to rights of parties on dissolution. A and B entered into a eo-partnership, the former to furnish $1000, and the latter, as his capital, his patent for the manufacture and sale of “incased glass vessels, ” the articles of co-partnership providing that the profits of the business, and the proceeds arising from either the sale or leasing of any territory, should be equally divided between them, either one of the partners having the right to sell or lease, and that the partnership might be dissolved by either, on giving notice thereof, at any time. The contract also provided that a division of the assets should be had in case of a dissolution “without a sale of the business, ” in which event each partner was to take back what he put into the business. Prior to the dissolution of the firm and notice .thereof, B, the patentee, granted to 0 the exclusive right to manufacture and sell wares under the patent, and all re-issues of the same, for the entire term it might run, reserving a .certain royalty or license fee on all wares manufactured and sold by 0: Held, that as the transfer of the exclusive right under the patent to 0 was the same as a sale, and was made prior to the dissolution, A was entitled to one-half of the royalty or license fees thereafter to be paid by 0 to B, and that if it was a mere leasing to 0 the same result would follow.</p>