Magnan

Plaintiff sued to recover damages for breach of contract. The cause was tried by the court, which entered findings and judgment for the defendant Magnan, who alone appeared and answered. The plaintiff appeals upon typewritten transcripts.

The contract was in writing and called for the payment by Magnan to De Willy and Horner of a fixed royalty for the manufacture and sale of a patented coil or transformer in the use of radio apparatus covered by certain patents therefor held by plaintiff. After the execution of the contract a one-fifth interest in the royalty was assigned to Hay, and both Horner and Play were joined as parties defendant because they refused to join with plaintiff in the action. The defendant Magnan admitted the execution of the contract and specially pleaded that it was procured by fraud on the part of plaintiffs in that he represented to said defendant that radio coils and transformers could be manufactured effectively and cheaply under said patent; that plaintiff could and would show said defendant how to do so; that said patent was a basic patent and that the circuit used in machines made thereunder worked without regeneration; that all these representations…