Beaumon

This appeal is prosecuted by the defendant from a judgment rendered against it and in favor of the plaintiff in the sum of $2,500 and costs. The facts necessary to an understanding of the discussion of the questions raised are as -follows: Leon Beaumon, the respondent, conceived a device attachable to an automobile in the shape of an arrow, containing a Neon gas-filled tube, means for lighting the same from the electrical current of the auto mobile, visible when lighted from either the rear or the front of the car and adjustable by the moving of a lever so as to indicate to both overtaking and oncoming vehicles a change of direction by the automobile so equipped and whether the change would be right or left as well as whether the automobile was making a stop. On December 31, 1927, the respondent entered into a contract with appellant whereby the latter was licensed to manufacture and sell the device, to cover which an application for patent was pending. The action was one to recover what it is contended was fixed by the contract as the minimum annual royalty. The paragraphs of that instrument which are directly involved in the principal argument of the appellant are as…