Nyhart v. Kubach

Citations

• 76 Kan. 154
• 90 P. 796
• 1907 Kan. LEXIS 231

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. ■ Patent-right — Sale—Registration. A contract by which the owner of a patent-right conveys to another the exclusive right to sell the patented article within certain prescribed territory for a term of years is a sale of such an interest in a patent-right as brings the transaction within the provisions of the act relating to the registration and sale of patent-rights and prescribing a penalty for the violation thereof.</p> <p>2. - Territorial Lease — Agency—Sale Effected. A so-called territorial lease and appointment of agency held to be a contract for the sale of a patent-right within the provisions of sections 4356, 4357 and 4358 of the General Statutes of 1901.</p> <p>3. Promissory Notes — Want of Consideration — Rights of Maher. Promissory notes given as a consideration for the sale of a patent-right, where the owner of the patent-right failed to comply with the provisions of the statute relating to the registration and sale of patent-rights, are void as between the parties, and where they have passed into the hands of innocent purchasers the maker may maintain an action to recover from the payee the amount of such notes and interest.</p>