Page:Federal Reporter, 1st Series, Volume 6.djvu/902

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


600 FEDERAL BEPOBTBR. �lease of ail claims and demanda, "particularly releasing ail claims which I may have by reason of a certain agreeraent entered into between myself and C. De Quillfeldt, on the twenty-fourth day of November, 1874, for the sole manufac- ture and sale of the improved ' bottle-stopper lock' invented by said C. De Quillfeldt." As a consideration for the execu- tion of that release, Hutter, who was advised that he ought to obtain from Emil HoUender a paper to secure his title, paid to Emil HoUender $150, and they executed an agree- ment, under seal, of which the folio wing is a copy, on the thirteenth of Pebruary, 1876 : �"This agreement, made and entered into this thirteenth day of February, 1875, between Karl Hutter, party of tlie first part, and Emil HoUender, party of the second part, witness- eth : (1) That whereas the said party of the first part haa purchased from a certain G. De Quillfeldt a certain patent for 'bottle-stopper,' and the said party of the second part bas had an interest therein, now, therefore, it is agreed, by and be- tween the parties hereto, that the said party of the first part hereby allows and privileges the said party of the second part to use the said patent and manufacture the said stoppers, as many as he, the said party of the second part, may need and use for his own proper business, to the amount of 100 gross a year. (2) For which consideration, as above stated, the said party of the second part waives ail further interest in said patent." �Notwithstanding the state of facts appearing by the fore- going papers, the sole invention by Emil HoUender, or the joint invention by him and De QuiUfeldt, is insisted on. This is based on testimony given by Emil HoUender. But it is shown, by ahsolute and entirely clear proof, that De Quill- feldt was the inventor, and the sole inventer. An erroneous view is taken of the testimony of Goepel. He does not say that De Quillfeldt and Emil HoUender each said that they invented it jointly. He says that, "on inquiring who was the inventor, they both- replied they had invented it." This means that each said, "I am the inventor." Tins is what Kmi] HoUender hirnself says was said to Goepel. ��� �