274 Mass. 341 | Mass. | 1931
This is an action of contract brought by the plaintiff as administrator of the estate of Frederick M. Furber. The declaration is in two counts, the first for the alleged breach of a written contract of employment entered into between the plaintiff’s intestate and the defendant, the second for the recovery of compensation for work and labor alleged to have been performed by the plaintiff at the request of the defendant.
The case was tried before a judge of the Superior Court, without a jury, upon an agreed statement of facts which, in substance, so far as material to the issues to be de
It is agreed that “By the terms of said contract the said Furber sold and assigned to the defendant any and all inventions and improvements relating to or designed or adapted for use in machinery, tools, mechanisms, appliances, devices, findings, materials, supplies, methods, processes or things relating or pertaining to or designed
It is also agreed that Furber while employed under the contract made various inventions in shoe machinery, mechanisms, devices, methods and processes and disclosed them to the defendant. Upon some of such inventions no grant of letters patent had been obtained at the time of his death, and for the purpose of obtaining such letters patent of the United States and foreign countries it was necessary and desirable in the opinion of counsel for the defendant, and in accordance with the practice of various patent offices, to file therein certain applications, specifications, powers of attorney, assignments and other instruments. Accordingly such documents were prepared and presented to the plaintiff, as administrator of the estate of Furber, for execution. The plaintiff examined such documents and at the request of the defendant duly executed them. A list of such documents so presented by the defendant and executed by the plaintiff is set forth
At the close of the evidence the plaintiff requested the judge to rule (1) that upon all the evidence the plaintiff was entitled to a verdict for the amount of the compensation set forth in the contract between the defendant and the plaintiff’s intestate; (2) that upon all the evidence the plaintiff is entitled to recover reasonable compensation for the work and labor described in the second count of the declaration. These requests were refused subject to the plaintiff’s exception. At the request of the defendant the judge ruled, in substance, (1) that upon the pleadings and proofs the plaintiff is not entitled to recover under either count of the declaration; (2) that under the provisions of the contract the plaintiff as administrator was obligated to execute the documents referred to in the bill of particulars, and is not entitled to recover compensation therefor; (3) that “By the death of the plaintiff’s intestate his employment ceased and the defendant was discharged from the obligation to pay salary thereafter, but the obligation imposed upon the administrator of his estate to execute ‘ applications, specifications, powers of attorney, assignments and other instruments, in such manner and form as the defendant or his counsel should deem proper to obtain the grant of Letters Patent of the United States and of other countries, covering the inventions and improvements’ made or acquired by said Furber in his lifetime continued in full force and effect.” To the rulings so granted the plaintiff excepted. The trial judge found for the defendant.
The first question for decision is whether the contract remained in force after the death of the plaintiff’s intestate or was thereby terminated. The terms of the contract are clearly expressed and free from ambiguity. It is apparent that the services which the intestate was called
Upon the death of the intestate in the case at bar, the contract for personal service was fully performed by him, and the obligation of the defendant fully discharged by the payment of the stipulated salary due at the time of the death of the intestate. By the terms of the contract the latter agreed that he would “ promptly disclose to the defendant, its officers, attorneys, or patent solicitors, all such inventions and improvements, . . . and that at any and all times upon request he would, and his heirs, exec
Exceptions overruled.