Aerated Products Co. v. Aeration Processes, Inc.

On the Merits

The above-entitled cause, heretofore tried, argued and submitted, is now decided as follows:

Judgment will be for the defendant that the plaintiff take nothing by the complaint and that the defendant do have and recover of and from the plaintiff the amounts due from the plaintiff as royalty and franchise charges to date, under the provisions of Sections 3 and 14 of the license agreement of May, 1947, with interest thereon, and without offset, the exact amounts to be computed in accordance with the provisions of Local Rule 7(h).

Findings and Judgment to be prepared by counsel for the defendant under Local Rule 7.

Comment

As a guide for counsel in the preparation of findings on the issues raised by the complaint and the counterclaim, the Court states briefly its conclusions upon the main issues involved in the case.

The plaintiff seeks to recover the sum of $48,650.00 alleged to have been deposited with the defendant pursuant to a license agreement entered into by the plaintiff and defendant whereby the plaintiff was granted the exclusive license for the City and County of Los Angeles to the aerated products of the defendant. As a part of this license agreement,…