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83 Mass. 420

Gilson v. Blanchard

Massachusetts Supreme Judicial Court

Decided January 15, 1861

Massachusetts Supreme Judicial Court · decided 1861-01-15

Contract on the following agreement: “ Whereas I, Thomas Blanchard of Boston, in the Commonwealth of Massachusetts, am the inventor and patentee of a certain machine for turning and cutting irregular forms, and have under a renewal of said patent licensed certain parties to use and run a certain number of said machines within the states of Maine, New Hampshire, Rhode Island, and that part of Massachusetts which lies east of Connecticut River, for the purpose of turning…

Cited by 1 later decisions — most recently July 1959

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-01-15

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Chapman, J.

¶1By a fair interpretation of the language of the contract, the passage of the proposed act and its ratification by the president are made conditions precedent to the obliga*422tian of the defendant. The words, “ Then I will not increase ” &c. refer to these events as well as to the payment of the money.

¶2A reference to the apparent object of the parties confirms this view. The patent law protected Mr. Blanchard’s machine, but not its products ; and lasts made upon similar machines in the British provinces were sold in market, in competition with those made by his licensees, and without the payment of any royalty. All the parties were interested to obtain protection against such competition by an amendment of the patent laws; and, as an inducement to the licensees to contribute towards the expense of an effort to procure the amendment, Mr. Blanchard agreed that, if they would contribute the sum stipulated, he would, in, case they succeeded, give to them the monopoly of supplying the market within the limits of their licenses. But he carefully guarded against putting the control of the matter out of his own hands in case they should not succeed.

¶3Exceptions overruled.

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