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Dodge Mfg. Co. v. Patten

September 30, 1930

DODGE MFG. CO. ET AL.
v.
PATTEN



Appeal from the District Court of the United States for the South Bend Division of the Northern District of Indiana.

Author: Sparks

Before EVANS, PAGE, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge.

This action is designated by appellee, who was plaintiff below, as a bill in equity. The decree which the District Court entered, and from which this appeal is attempted to be prosecuted, is as follows:

"This cause coming on to be heard in open court on February 25, 1929 before Thomas W. Slick, Judge of said court, upon the pleadings and proofs presented by the parties, both parties being represented by counsel who have presented their arguments, and the court having taken the cause under consideration and being now fully advised in the premises, finds:

"1. That the contract entered into on January 19, 1916, by and between plaintiff and the National Steel Pulley Company, party of the first part, and the Oneida Steel Pulley Company, a corporation, party of the second part, is a good and valid contract.

"2. That the defendants are the successors in interest and obligation to the Oneida Steel Pulley Company under the said contract.

"3. That the defendants have breached the terms and provisions of the said contract as set forth in the Bill of Complaint herein.

"4. That the plaintiff is entitled to recover on the Bill of Complaint according to the prayer thereof.

"It is therefore Ordered, Adjudged and Decreed,

"That the defendant and or each of them, and or each and any of their subsidiary companies, be and they are hereby required to render a full, true and accurate account of all 'National' pulleys or other pulleys of the same or similar construction and of diameters of three, four, five and six inches, manufactured by or for them or either of them, or by others with their license and authority, and to pay to the plaintiff such sum or sums of money as such accounting shows due to the plaintiff at the rate provided in said contract, together with interest thereon at the rate of six per cent. per annum from the time said amounts became due.

"That the defendants and or each of them, and successors and assigns, be and they are hereby ordered to continue to pay to the plaintiff ten cents for each 'National' pulley or each pulley of the same or similar construction during the balance of the time said contract is or remains in force.

"That the defendant pay to the plaintiff such sum or sums as will reimburse the plaintiff for all damages suffered by the plaintiff by reason ...


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