The Armstrong Co. v. Shell Co. of Cal.

Plaintiff entered into a contract with Western Union Oil Company on September 19, 1919, wherein plaintiff, as owner of a certain patented process known as the Armstrong Process, for the extraction and manufacture of high-grade gasoline from natural and casing-head gas, licensed Western Union Oil Company to use said Armstrong Process on certain premises leased by Western Union Oil Company in a plant or plants to be constructed and equipped on said leased premises and to treat therein natural gas or casing-head gas produced from the lands covered by said lease, or from lands adjoining thereto. Western Union Oil Company agreed to pay the entire cost of all labor and materials required in the construction and equipment of said plant, which was to be constructed under the supervision of the plaintiff in accordance with plans and specifications theretofore approved by Western Union Oil Company. The contract further provided as follows: “The party of the second part further agrees to pay to the party of the first part, at the offices of said first party in the city of Los Angeles, California, on the 10th day of each and every month from and after the commencement of the production of…

I dissent from the judgment.

A petition for a rehearing of this cause was denied by the District Court of Appeal on May 31, 1929, and a petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on July 11, 1929.

All the Justices present concurred.

I concur in the conclusion reached by reason of the first part of said opinion wherein it states that there was no further liability under the terms of the written contract.