matter is discussed, with references to the authorities, in Ladas, op. cit. 194–197; Weil, op. cit. 548–550. The desirability of recognizing partial assignments, as is usual in other forms of property, would seem apparent; but perhaps under the statute we are held to the view that “the author’s rights may not be divided except as the statute recognizes a division.” Public Ledger v. New York Times, D.C.S.D.N.Y., 275 F. 562, 564. This case, however, dealt only with an application to copyright. It was affirmed on slightly different grounds in 2 Cir., 279 F. 747, and certiorari was denied in 258 U.S. 627, 42 S.Ct. 383, 66 L.Ed. 798.
Under the circumstances of entire absence of title or right in the defendants, their claim that the equities are in their favor—that they are engaged in a service of great social value in thus publishing this book—seems indeed bold.
The order is reversed and the cause remanded to the District Court with instructions to issue the preliminary injunction as prayed for.
Reversed.
MIAMI LIME & CHEMICAL CO., Inc., v. YORK ICE MACHINERY CORPORATION.
No. 9011.
Circuit Court of Appeals. Fifth Circuit.
June 3, 1939.
Appeal from the District Court of the United States for the Southern District of Florida; Wm. H. Barrett, Judge.
Suit by the York Ice Machinery Corporation against Miami Lime & Chemical Company, Inc., to enforce a lien, wherein the defendant filed a counterclaim. Judgment for plaintiff, and defendant appeals.
Affirmed.
John J. Lindsey, of Miami, Fla., for appellant.
N. J. Rosenstein, of Miami, Fla., for appellee.
Before FOSTER and McCORD, Circuit Judges, and BORAH, District Judge.
McCORD, Circuit Judge.
On July 3, 1934, Miami Lime and Chemical Co., Inc., a Florida Corporation, and York Ice Machinery Corporation, a Delaware Corporation, entered into a contract for the purchase and sale of machinery, materials, and appliances to be used in erecting a dry ice manufacturing plant. The contract provided that the purchaser, Miami Lime and Chemical Company, Inc., pay the seller, York Ice Machinery Corporation, $7,586 for the equipment and materials. The purchase price was to be paid $800 cash with the order, $2,234 upon presentation of the bill of lading, and the balance in eighteen installments. The seller was to retain title to the machinery and equipment until full payment of the purchase price.
The machinery and equipment was delivered, the cash payments were made, and the first six installment notes were duly paid. The buyer defaulted and the seller filed a bill in equity to enforce its lien on the machinery. The Miami Company
