Contracts · MBE-tested

GILBERT'S PATENTS, Ltd., Appellant, v. SMITH & WESSON, Inc., Appellee

34 F.2d 1019·United States Court of Appeals for the First Circuit·1929

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Opinion

GILBERT’S PATENTS, Ltd., Appellant, v. SMITH & WESSON, Inc., Appellee. Circuit Court of Appeals, First Circuit. October 22, 1929. No. 2374. Harold Williams, Jr., of Boston, Mass. (Frank A. Lynch, of Boston, Mass., on the brief; William W. Hoppin and Herbert P. Coats, both of New York City, of counsel), for appellant. Harold P. Small, of Springfield, Mass., for appellee. Before BINGHAM and ANDERSON, Circuit Judges, and WILSON, District Judge. [MAJORITY — PER CURIAM.] PER CURIAM. The judgment of the District Court for Massachusetts [30 F.(2d) 296] is affirmed, on the ground that the parties did not intend to be bound until a formal contract embodying all the terms of the contemplated license agreement was drawn up and signed. Judgment affirmed, with costs to appellee.