76 Iowa 707 | Iowa | 1888
— The defendant L. B. Kennedy was the inventor of a machine for the manufacture of brick, and had obtained a patent therefor. He and defendant Dickinson were .the owners in common of the right covered by the patent for the state of Minnesota and the territory of Dakota. On the the twenty-fourth of July, 1882, they sold an interest in the right to plaintiff, and executed to him an instrument of conveyance, the material part of which is as follows: “ * * * I do hereby grant and convey unto the said Charles Hubenthal license under said patent to use said Kennedy’s brick-machine, within the state of Minnesota and territory of Dakota, for one undivid ed one-half interest in the state of Minnesota and territory of Dakota, excepting in this sale all territory previously sold, as per accompanying list, for the sole use and behoof of Charles Hubenthal, and -his legal representatives, for the full term of said patent; this license to be transferable in whole or in part, and to include the use of said brick-machine in said territory only, and not outside thereof. Under this license the exclusive right of making said machine is hereby reserved from the license, and retained by the said Kennedy and Dickinson.” Plaintiff alleges that there was an arrangement between the parties that they should proceed to make sales of the right in the territory owned in common by them, and that they should account to each other for the proceeds in proportion to the interest held by each, i. e., that for all sales made by him he wag to account to each of the defendants for one-fourth of the proceeds, and for all sales made by them they were to account to him for one-half of the proceeds. His complaint is that they have made a number of sales óf territory ; also, that they have sold a large number of the machines in the territory, upon which they have received a royalty, but that they have neglected and refused to account to him for any portion of the proceeds. The allegation as to the agreement is admitted in the pleadings, but the other allegations are denied.
Modified and Affirmed.