Cases argued and decided in the Supreme Court of the State of Texas, during the Austin term, 1885, and the early portion of the Tyler term, 1885. Volume 64. Page: 37
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1885.] EHORNE V. CHATHAM & Co. 37
Argument for the appellant.
3. PAROL EVIDENCE ADMISSIBLE.--In a transfer the following clause occurred:
"I sell, assign and transfer unto the Carver Gin and Machine Co. all the right,
title and interest whatsoever which I have in and to the said invention,"
etc. Held, that, as the interest intended to be conveyed was not specified
in the writing, parol evidence would be admissible to prove its extent.
4. SAME-- REPRESENTATIONS.- Though the vendor represented to the company
that he owned the entire patent, such representation would not have the
effect of enlarging the terms of his conveyance and passing an interest of
which he had previously divested himself.
5. INSTRUMENTS OF LIKE DATE REFERRING TO THE SAME SUBJECT-MATTER.- Several
instruments bearing the same date, referring to and seeming to be based
upon each other, and defining and adjusting the rights of several parties to
the same subject-matter, are presumed to constitute a general settlement,
and, in the absence of fraud, conclude a party from going behind this settlement
and asserting a claim not advanced when such instruments were executed.APPEAL from Brazos. Tried below before the Iton. W. E. Collard.
On the 18th of March, 1881, Home transferred to Chatham &
Co. the right to a patent issued to him for improvement in cotton
gins, for the state of Texas, except the northeast corner, east of the
II. & T. C. R. R., and north of the Texas & Pacific. Part of the
consideration was a royalty of twenty-five cents per saw for all gins
sold un4er this contract. This suit was brought to recover royalty
so due. The questions arose on a plea in reconvention in which
Chatham & Co. alleged that on the 4th of September, 1881, Horne
made a second transfer to them of one-half the patent for all the
United States not covered by the former transfer, and that on the
19th of December, 1881, Horne sold to the Carver Gin and Machine
Co. the entire patent, except for the territory conveyed by the sale
of March 18th above, for the sum of $5,000, and a royalty of ten
cents per saw for all gins sold under that contract, and without
notice to the Carver Gin and Machine Co. of the sale to Chatham
& Co. of September 4th. After their claim for damages was stricken
out on exception, Chatham & Co. claimed one-half the proceeds of
the sale by Horne to the Carver Gin and Machine Co.
Trial with verdict and judgment against Horne for $2,232.50, and
one-half of the royalty received and to be received by Home from
the Carver Gin and Machine Co. The points relied upon for reversal
are sufficiently indicated in the opinion.
J. D. Thomas, for appellant, cited, on capacity to transfer patentrights:
U. S. R. S., sec. 4898; Gayler v. Wilder, 10 How., 494-6;
Blanchard v. Eldridge, 1 Wall., 337; Pitts v. Jameson, 15 Barb., 315.
On the construction to be put upon the several instruments: Moody
& Jemison v. Paschal et al., MS., Tyler Term, 1883; Wallis v. Beau.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the Austin term, 1885, and the early portion of the Tyler term, 1885. Volume 64., book, 1886; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28510/m1/61/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .