Page:Federal Reporter, 1st Series, Volume 9.djvu/420

 DOWNTON V. YAEGEB MILLING CO. e05 �20, 1875, [which is the oiily process patent that was granted, and which was the only patent that had been granted to Downton at that time,] for the full life of such patent, and any reissues, extensions, or improvements thereon, except that the shop-right to manufacture and sell in the state of Minnesota, but net elsewhere, is granted to 0. A. Pray, of Minneapolis ; said AUis & Co. also having an equal right to sell in said state. Dated at Milwaukee, Wisconsin, this twenty-fourth day of January, A. D. 1876. �[Signed] " Kobeet L. Downton." �The next contract of the same date and a part of the same trans- actions, is an agreement : �"For and in consideration of the sum of $125, to me in hand paid, and the further payment of the patent fees thereon, I do hereby sell, assign, and set over to Edward P. Allis & Co., of Milwaukee, Wisconsin, their successors and assigns, the exclusive right to manufacture and sell a certain machine for which I agree to obtain a patent, to be known as ' Downton's Peerless Mid- dlings Duster,' for the full term of the patent, or any improvement or exten- sions thereon ; and, upon the obtaining of said patent, I hereby agree to execute such assignment. �[Signedl " Robert L. Downton." �The third agreement on the same day is as follows : " Witnesseth, that whereas, by certain agreements, bearing even date here- with, the rights to the exclusive manufacture of 'Downton's Peerless Mid- dlings Duster,' and rolls for crushing grain, etc., patented by said Robert L. Downton, have been conveyed by him to said Allis & Co., * * * it is hereby agreed that the engagement of said Robert L. Downton of his exclu- sive services to said Allis & Co., at the above rate of $1,500 per annum, may be ended upon notice of six months by either party, or without notice, by payment of the sum of $750 in money ; and it is understood that said Down- ton is not entitled to take away any patterns, or otherwise, of any of the ma- chines made by said Allis & Co." [Signed by the parties.] �With this addenda : �"In case of the termination of the above engagement by death, or other casualty, the right to sell the machines referred to in the above agreement shall revert to the heirs or successors of R. L. Downton, the manufacture continuing in said Allis & Co., to whom all orders are to be sent." �[Signed by the parties.] �That was in January, 1876. Downton, the patentee under this patent, went into the employ of Allis & Co. under this agreement, and while in Allis & Co.'s employment he made a contract as the repre- sentative of Allis & Co., and of himself, in reality, as connected with Allis & Co., by virtue of this contract, with the Yaeger Milling Com- pany to put certain rolls, which had been manufactured, or were to be manufactured, by Allis & Co., into their mill, which they were erect- ing at that time in this city. And two sets of rolls, manufactured by ��� �