Page:Federal Reporter, 1st Series, Volume 9.djvu/782

. DOWNTON V. ALLIS. 767 �adjudged that the defendant acquired, under said contracte, no rights of ownership in a certain invention' covered by patent No. 162,157, for a process in crushing grain or ruiddlings. �The bill waS answered in detail, and the defendant therein also filed a cross-bill against Downton in which he asked affirmative i:6lief upon the groundB substantially set.forth in his answer to the original bill. To the cross-bill there was an answer. �A suit was also brought in this court by Allis against Stephen H. Seaimans and Gaiherine Stephens, in which Allis alleged that he was the owner of this process patent, and that the invention coveied thereby was being w'rongfully used by Seamans; and the object of th^it action is to enjoin the defendants therein from the alleged inffingement of the patent. To this bill a plea was filed, in which it was alleged that Downton had never conveyed or transferred to Allis his right and title- in and tO' the patent, and that the right to use, and to li'cense to others to he. used, the patented invention, still remained in Downton. As these several causes involve the same controversy— which is the ownership of the process patent — by ar- rangement between counsel they have been heard together, and upon the proofs applicable to the several causes they are now to be simul- taneously decided. �It appears from the evidence that in January, 1876, Downton and Allis, as the resuit of preliminary negotiations which had been for some time pending between them, entered into certain written con- tracts, one of which may be designated as the middlings-duster con- tract, the other as the process-patent contract, and the other as the personal-service contract. By the first of these instruments, in the order in which they have been enumerated, it was provided as fol- lows: �"For and in consideration of the sum of $125, to me in hand paid, I do hereby sell, assigii, and set over to Edward P. Allis & Ce, o£ Milwaukee, Wis- consin, 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 middlings duster,' for the full term of the patent, orany improvement or extension thereon. And upon the obtaining of said patent I hereby agree to execute such assignment. �"Dated at Milwaukee, Wiscoiisin, this twenty-fourth day of January, A. D. 1876. �[Signed] "ROBEET L. Downton." �The instrument relating to the process patent is as follows : ��� �