Wade v. Lawder

• Citation: 165 U.S. 624,17 S.Ct. 425,41 L.Ed. 851
• Decision Date: 01 March 1897
• Docket Number: No. 172,172
• Parties: WADE v. LAWDER et al
• Court: United States Supreme Court

165 U.S. 624

17 S.Ct. 425

41 L.Ed. 851

WADE

v LAWDER et al.

No. 172.

March 1, 1897.

John M. Barker, for plaintiff in error.

Wm. W. Fry, for defendants in error.

Mr. Chief Justice FULLER delivered the opinion of the court.

On the 27th of July, 1891, Wade and Ringo entered into the following contract:

'Whereas, B. Ringo, of Mexico, Mo., has invented a new folding bed, known as the 'Ringo folding bed,' for which he has made application for a patent from the United States of America in his name; and whereas, B. Ringo owns an undivided one-half interest of and in said patent with one J. C. Buckner, of Mexico, Mo.: Now be it known that the undersigned, B. Ringo, has this day sold, and does hereby sell and assign, to C. Wade, of Mexico, Mo., all of his said undivided one-half interest in said invention and the letters patent applied for and to be issued to said B. Ringo for and to said Ringo folding bed. And said B. Ringo obligates himself to assign his undivided one-half interest in said letters patent to said C. Wade as soon as the same are issued by and at the patent office of the United States, in such manner as any additional assignment of the same may be necessary other than this writing to convey to said C. Wade an undivided one-half interest in said invention and letters patent. And the said B. Ringo does hereby further sell and assign to C. Wade my undivided one-half interest in all patterns, and all of said Ringo folding beds completed or being constructed at J. H. Heitland's, in Quincy, Illinois. For and in consideration of the sale and transfer of the above undivided one-half interest in said invention and letters patent, said C. Wade does hereby sell, transfer, and deliver to said B. Ringo his entire stock of furniture, coffins, fixtures, one furniture wagon, two hearses, and three sets of harness with said wagon and hearses; said stock of furniture being the same now in the building occupied by said C. Wade, on Jefferson street, in Mexico, Mo., which stock of furniture, fixtures, coffins, wagon, and harness, &c., is this day delivered by said C. Wade to said B. Ringo.

'Said B. Ringo further obligates himself to assign, transfer, for no other or further consideration than herein named, any further patent or improvement on said Ringo folding bed or other folding bed that he may obtain letters patent for at any time in the future.

'If said letters patent on this application or other different application should for any cause not be issued to said B. Ringo for said folding bed, then said B. Ringo hereby obligates himself, when it is definitely known that said letters patent will not be issued, if at all, to return to said C. Wade said stock of furniture, fixtures, wagon, hearses, and harness, with the stock of furniture, as full, as near as practicable, as it now is, and less the wear and tear of said fixtures, wagon, hearses, and harness from use.

'But it is understood, if such transfer should for said cause be necessary, said B. Ringo is to retain all proceeds of sales made by him in said furniture business, and said C. Wade to retain proceeds of sales made by him in said...