249 F. 158 | 1st Cir. | 1917
We cannot say that he was clearly wrong in so deciding. While several things suggest that Calder’s testimony ought to be received, as it was received, with caution and with sharp scrutiny, there are circumstances which tend to disprove the complainant’s assertions of fraud. The most important ones are noticed in the opinion of the District Court. Moreover, the alleged misrepresentation that “Calder came from Fuller,” or “was sent by Fuller” (which is the one now principally relied on in argument by the complainant), does not touch eilher the value of the patent, or the consideration paid therefor; in other words, it did not directly enter into the bargain which Thurston made. There is no evidence, and indeed it is not claimed, that Calder represented himself as the agent of Fuller. Thurston admittedly understood which patent he was selling, and received the full agreed price.
The alleged misrepresentations by Calder as to the length of time which the patent had to run were disposed of by the trial judge’s finding 'that a copy of it was shown to Thurston at the interview — a finding which is by no means so plainly erroneous that we can reject or disregard it. The remaining misrepresentations charged by the complainant relate, speaking generally, to alleged statements by Calder bearing on Thurston’s right to assign the patent, and are adequately dealt with in the opinion of the District Court.
Undoubtedly, the aged and infirm inventor was no fair match in trading for an experienced and able negotiator in the prime of life. But superior strength and ability do not imply dishonesty, and the bill is founded on fraud. It does not allege either that Thurston was mentally incapable, or that lie was coerced or unduly influenced by Calder; the evidence would not sustain such allegations if made. This aspect of the case received careful and considerate attention from the trial
The decree dismissing the bill is affirmed, with costs to the appellees.