Page:Federal Reporter, 1st Series, Volume 8.djvu/467

COOS V. BIDWBLIi. 453 �defeadant a royalty and a commission on sales made by him. Subsequently the defendant assigned to John Bail &.Co. all royalty due, or to become due, and bis interest in the patents, as security for a debt, which right and interest were by them assigned to the plaintiffs, who pray that the defendant's license be decreed to be f orf eited, and that he be required to account to them for roy- alties. Held, that as the assignment made by Albert Bail did not extend to commissions upon sales, a decree annulling defendant's license wpuld not be granted, as it would not only afEect such commissions but work' a reseission of the entire agreement. '• Held,fwtkeir, that as the assignment was but a partial one, the defendant could only be required to account for royaKi^ becoming due af ter he had assented to it. , , �BafceweM cf iTerr, for defendant. �t7o/i«Bartow, for complainants. �AcHEsoN, D. J. On July 19, 1876, Albert Bail and the defendant entered into a written agreement, by the terms of which the defendant was to manufacture a plow known as the "Eed Jaoket Plow,"under two patents of the United States which had been issued to Bail, and pay Bail on each plow made by the defendant, and "sold andcol- lected for," a royalty of 60 cents, to be settled and paid in the months of January and July of each year ; and the defendant was f ur- ther to pay Bail a commission of 5 per cent, on uet collections upoh sales of plows made by Bail or his agents, in whatever territory he might work up, but he to pay the traveling expenses of himself and his agents, and the defendant to supply printed matter; the defendant to meet the demand from responsible parties for plows, on reasonable notice; the agreement to continue during the term of the patents, which bear date respeetively, January 3, 1871, and January 4, 1876. �On January 13, 1877, by a written instrunient of that date, Al- bert Bail assigned to John Bail & Go. "all royalty or patent fees due or to become due" to him under the above-recited agreement, this assignment to be for the term of four year s from this date;" and by an instrument of writing, of the same date, he assigned all his inter- est in said two patents to said John Bail & Co., "subject to a con- tract this day executed by and between said John Bail & Co. and myself," (Albert Bail.)' By this latter contract John Bail & Co. sold their manufacturing establishment to Albert Bail for the considera- tion of $18,000 ; and the contract provided, inter alla, for an assign- ment to John Bail & Co. of the aforesaid royalty on the Eed Jacket plow, and of said patents, "said assignment of said patents and roy- alty and license fees to be for a period of four years ; " and the con- tract contains the further provision that if the purchase money, with interest, is not fully paid "at the end of four years, said Bail is to ��� �