Morrow

Plaintiff sued to cancel two written contracts and for damages for defendant’s failure to perform. Judgment was rendered in pursuance to an oral stipulation made in open court granting plaintiff all he prayed for, with a condition favorable to the defendant. The plaintiff has appealed on typewritten transcripts.

The contracts in question were executed on May 24 and May 25, 1918. At the time plaintiff was owner of certain patents for the manufacture of gasoline engines and was also the owner of some manufactured engines, an air-pump, and an air-compressor. By the terms of the contracts these manufactured articles were sold outright to the defendant and he agreed to manufacture and sell other engines in accordance with plaintiff’s patents, sufficient to supply the demand therefor, and to account to the plaintiff for a stipulated portion of the proceeds. On August 5, 1919, plaintiff served notice of cancellation of the contracts upon the ground that defendant had failed to perform and subsequently com menced an action for a cancellation and for damages. Judgment went against the plaintiff and no appeal was taken.

On August 26, 1921, plaintiff again served notice of cancellation and…