Pumphrey v. Haffner

Citations

• 33 Ohio C.C. Dec. 77
• 18 Ohio C.C. (n.s.) 346

Syllabus

<p>PATENTS — SALES</p> <p>1. Covenant of Sole Ownership of Patent Rights Rendered Effective by Repurchase of Interest Sold.</p> <p>It is immaterial if one contract to sell a one-half interest in certain dies and patent rights, covenanting that he is the sole owner of all interests therein, whereas in fact he had previously sold a one-half interest, provided that he obtains a reconveyance thereof at or about the time he makes such covenant.</p> <p>2. Patent Right Applied for Equivalent to Statement of Ownership.</p> <p>One who has applied for a patent upon an invention of which he is the owner, while his application is pending and before it is issued may declare that he is the owner of “patent rights” and sell an interest therein.</p> <p>3. Extravagant Representations as to Merits of Ice Cream Freezer.</p> <p>Representations that an ice cream freezer is the best ever; that whoever saw it would want it; that hardware dealers would take it as soon as they saw it; that his price for a half interest in the invention would be much higher to any one else than the plaintiff, but that owing to the plaintiff’s especial adaptability to exploit an ice cream freezer, he would let him in cheap, etc., made in order to induce the plaintiff to purchase an interest in the invention, and upon which he acts, are a kind of bragging and flattery, but though false, do not constitute that kind of fraud which is recognized by the law.</p> <p>4. Representations that Sales of ice Cream Freezer Hold Good Cause for Setting Aside Sale.</p> <p>Representations that an ice cream freezer is selling well; that it is giving excellent satisfaction and is doing the work intended in a perfectly satisfactory manner are material and if relied upon in purchasing an interest in the invention, and turn out false, will give ground for setting aside the sale.</p>