Page:Federal Reporter, 1st Series, Volume 3.djvu/152

 ÏHEBERATH V. CELIitlLOID MANÛF'G 00. Iî5 �to carriage, harness, and trunk trimmings, and to afford ample protection to the plaintiffs, as well as to said Coursen and the Drakes, and to each of them, their lieensees ; that the parties of the second part to the said agreement, in consider- ation for eaid license, agreed to give to the defendant corpo- ration the sum of $1,000 in cash, and as payment for the material specified in the writing, they, and each of them, agreed to give to the defendant $2.75 for each and every pound delivered to the party of the second part ordering the same, to be delivered at Albany, N. ï., and to be paid for- within 10 days after the delivery; that the said parties, and each of them, agreed faithfuUy to use their best endeavors to introduce the application of the said material to harness, trunk, and carriage trimmings throughout the United States, and to make such application and use a profitable branch of business. �It f urther alleges that it was provided by the said agree-. ment that if, from any cause, the said defendant corporation should fail to furnish 100 pounds of eelluloid per day, if requested so to do, on 10 days' previous written notice, or any other amount, up to 500 pounds per day, on 60 days' no- tice in writing, then the said parties of the second: part, or either of them, should be at liberty to prepare the material for the purpose set forth in the agreement, and should keep books of account showing the amount by weight of said ma- terial so made and used by them, or either of them, and should make retums under oath, on the first days of Janu- ary, April, July, and October, of each year, during the contin- uftnce of the said manufacture, of ail the material thus made, and within 10 days after each date of return should pay to the defendant corporation the sum of one dollar as royalty for every pound of the material specified in the said agreement. �The declaration then alleges that although the plaintiffs have always kept and performed ail things in the license con- tained on their part to be kept and performed, and although the defendant corporation was bound to furnish to the plain- tiffs celluloïd in such colors and quantîties as thçy desired, not to exceed 100 pounds per day, upon 10 days' notice, nor �v.3,no.3— 10 ����