Fenn

Plaintiff recovered judgment upon a contract between her assignor, one Jack Cathrill, and the defendant corporation. By the contract the defendant was licensed and agreed to make certain patented articles, a royalty on each one made to be paid to plaintiff’s assignor. The evidence is uncontradicted that for articles manufactured before the action was commenced there was due $443.80. It was stipulated that the minimum required, according to plaintiff’s understanding of the contract, had not been manufactured during the first two years, and that the further sum of $7,361.20 would have been due as royalty if that minimum number had been produced. Judgment was given for the total of these two sums.

Appellant criticises the inclusion of the sum of $7,361.20 in the judgment on two grounds, both of which arise from its interpretation of the contract. The contract provides, as appellant reads its terms, for the manufacture of a minimum number of articles on an average during a three-year period, of which period one year is yet to run. Secondly, it insists, with the exception of miner’s lamps and stop lock valves, failure to manufacture the minimum required is free from penalty because of…