Summary
upholding contract entered into in 1881 that lacked termination date but which obligated pharmaceutical manufacturer to pay royalties on every gross of "Listerine" made and sold by it as long as it continued to manufacture the product
Summary of this case from Don King Productions, Inc. v. DouglasOpinion
Nos. 133, 340, Dockets 25866, 26115.
Argued June 7, 1960.
Decided June 21, 1960.
Paul D. Miller, New York City (Milton Black, Leonard Garment, Ronald O. Thomas, Clifton Cooper, and Mudge, Stern, Baldwin Todd, New York City, on the brief), for plaintiff-appellant.
John P. McGrath, New York City (Martin D. Jacobs and Hodges, Reavis, McGrath Downey, New York City, on the brief), for defendant-appellee John J. Reynolds, Inc.
William E. Vogel, New York City (Burke Burke, New York City, on the brief), for defendant-appellee American Bible Soc.
William Eldred Jackson, New York City (Harrison Tweed, Rebecca M. Cutler and Milbank, Tweed, Hope Hadley, New York City, on the brief), for defendants-appellees Susan Hopkins Whitmore, Josephine Hopkins Graeber, Minnie Hopkins Gilbert and John Graeber.
Before LUMBARD, Chief Judge, and CLARK and MOORE, Circuit Judges.
The grant of summary judgment is affirmed on the opinion of Judge Bryan, reported at D.C.S.D.N.Y. 1959, 178 F. Supp. 655. The appeal from Judge Bryan's denial of plaintiff's motion for leave to deposit in court royalty payments accruing during the pendency of the suit is dismissed as moot.