Contracts · MBE-tested
Joseph E. CHAPPATTE, Appellant, v. F. W. MAURER & SONS CO., Appellee
22 F.2d 1009·United States Court of Appeals for the Third Circuit·1927
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Opinion
Joseph E. CHAPPATTE, Appellant, v. F. W. MAURER & SONS CO., Appellee.
Circuit Court of Appeals, Third Circuit.
November 17, 1927.
No. 3628.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge.
Joshua R. H. Potts and George B. Parkinson, both of Chicago, Ill., and Herman Seid, of Philadelphia, Pa. (T. Bertram Humphries, of Chicago, Ill., of counsel), for appellant.
Alston B. Moulton, of Philadelphia, Pa., for appellee.
Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.
[MAJORITY — BUFFINGTON, Circuit Judge.]
BUFFINGTON, Circuit Judge.
In this patent ease validity and infringement are admitted, unless the defendant is entitled to use the alleged infringing machines by virtue of written contracts in which the defendant employed the patentee to invent. The ease turns on the construction of and the effect to be given these contracts, and no principles or precedents are involved. Holding as we do that the court below rightly construed and applied the contracts, we limit ourselves to stating its decree is affirmed.