Page:Federal Reporter, 1st Series, Volume 9.djvu/783

 768 FBDEEAIi REPOBTEB. �" For and in consideration of the sum $125, to me in hand paid, T hereby sell, assign, and set over to Edward P. AUis & Co., of Milwaukee, Wisconsin, their successors and assigns, the exclusive right to manufacture and sell rolls for crushing grain or middlings, or other substances, which right or process is secured to me under patent nurabered 162,157, dated April 20, 1875, for the full life of such patent and reissues, extensions or improvernents 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 Allis & Co. having an equal right to sell in said state. �"Dated at Milwaukee, Wisconsin, this twenty-fourth day of Janttary, A. D. 1876. �[SignedJ " Robert L. Downion." �In the third agreement, known as the personal-service contract, it was reoited that by certain agreements (referring to the contracts last mentioned) the right to the exclusive manufacture of Downton's peerless middlings duster and rolls, for crushing grain, had been con- veyed by Downton to Allis & Co., and it was agreed that Downton should enter into their employment and engage in the sale of these machines and other manufactures of AUis & Co. ; that he should be paid for his services at the rate of $1,500 per year, and that upon all sales Allis & Co. were to receive certain profits, which it is not nec- essary to speak of more particulaTly. It was also provided by this contract that the engagement of Downton to Allis & Co., at the rate of $1,500 per year, might be ended upon notice of six months by either party, or without notice upon the payment of $750 in money. This contract is dated January 3, 1876. At the time of the execu- tion of these several contracts, or soon thereafter, — and it is a close question of fact at what precise date the transaction between the par- ties occurred — an addendum was put to the personal-service contract, which provided that "in case of the termination of the above arrange- ment, by death or other casualty, the right to sell the machines referred to in the above agreement shall revert to the heirs or suc- cessors of E. L. Downton, the manufacture continuing in said Allis & Co., to whom all orders are to be sent." This addendum was signed by both of the parties. �As I have indicated, the question here involved is whether, under these contracts, or either of them, the defendant Mlis acquired the title to the patent in question, which, if valid, is alleged to be of very great value. It is worthy of remark that these causes have been very thoronghly presented on both sides, and every point that can pos- sibly support the conflicting theories of counsel bas been forcibly ��� �