Page:Federal Reporter, 1st Series, Volume 7.djvu/363

 GAMBWELIi FIRE-ALARM TEL. CO. V. CITY OP CHILLICOTHB. 351 �Wheelee, D. J. This suit is bronght upon letters patent No. 68,656, dated Septeniber 10, 1867, and issued to Oliver Salgee for improvements in hose couplings, and owned by the plaintiffs. Manufacture and sale of the patented devices are admitted ; the only def ence maae is that what was done, was, as is claimed, done under a license. This is an affirmative dpfence, to be made out by proof. That part of the answer setting it up is mere pleading, and not evidence. After care- ful examination of the proofs it does not appear, by any fair preponderance of evidence, that the parties mutually undeir- stood and agreed that the defendants might make use of the patented invention, nor that the plaintiffs gave them war- tantably to understand that they might, on which under- standing they acted. What they did appears to be a wrong- ful infringement instead of a matter of contract. �Let there be a decree for an injunction and an account, with costs. ���Gambwbll Fibe-Alarm Telegraph Co. v. City of Chilli- �COTHE.* (Oireuit Court, 8. D. Ohio. May, 1881.) �1. Patents— Pleading— Mni.Tii'ABiousNEas — BBvKEAL Distinct Pat- ents IN One Bill. �On demurrer, a bill in equity setting ont three distinct patents for improvements^ in fire-alarms and flre-alarm apparatus, but alleging that all said improvements are used in' the infringing machine of defendant, is not bad for multifariousness. �In Equity. Demurrer to Bill for Multifariousness. This bill is brought for infringement of letters patent, and sets out three separate and distinct patents. �The flrst patent, No. 76,654, dated April 14, 1868, was issued to Charles G. Page for new and useful improvements in inductlon-coil apparatus and circuit breakers, and afterwards Prisoilla W. Page, as admlnistratrix of C. G. Page, and the Western Union Telegraph Company, as assignee, becajne exclusive owners of said inventions and letters patent. Afterwards, on the tenth day of Ootober, 1871, re-issued letters patent •Eeported by Messrs. Florlen Glanqne and J. C. Harper, of the Cincinnati bar. ��� �