Page:Woods v. Carl.pdf/4

ARK.] The statute in question is as follows:

Appellants contend, in the first place, that the contract in evidence shows neither a sale of a patented article nor a patent right, but we think it is quite clear that the contract must be construed as a sale of a patent right. It in express terms conveys to appellee an undivided one-half interest in the business of manufacturing and selling a patented machine in the State of Arkansas for an unlimited time, and provides that "in the event the net earnings of the Human Gas Company have not been sufficient to cover the amount of the said Frank Carl's investment by January 1, 1902, then the Human Gas Company hereby agree and bind ourselves to relinquish all of our right, title and interest in and to the said State of Arkansas, and give said Frank Carl a good deed and manufacturer's right in and to the