Tyson v. Miller-Tyson Co.

Citations

• 23 Ohio C.C. Dec. 418
• 15 Ohio C.C. (n.s.) 177

Syllabus

<p>Specific Performance of Parol Agreement to Assign Deed of Patent Upon Consideration of Continuance of Business of Manufacture and Position not Enforcible Because Lacking in Mutuality and Definiteness.</p> <p>Specific performance does not lie to enforce a parol agreement to assign deeds of certain patents to a firm exclusively manufacturing and selling the inventions upon a royalty basis, in which firm the inventor held stock, was employed as superintendent and to experiment and invent new patents, where the only consideration therefor was the inventor’s interest in dividends, assurance of a permanent position with the company and promise to finance the company and keep it going; and especially where no action was taken by the board of directors to effect the terms of the agreement or authorize any one to make such an agreement. Such contract lacks the elements of definiteness and mutuality necessary to secure performance.</p> <p>[Syllabus approved by the court.]</p>