Capell

The defendant appeals from the judgment upon the judgment-roll alone.

The plaintiff obtained a judgment against the defendant for four hundred and fifty dollars, as the amount due him upon a contract with A. G. Herron & Co. Before entering upon the performance of the contract Herron & Go. transferred all of its right thereunder to the defendant, Capell Sales Company, which latter corporation thereunder assumed and agreed to perform the obligations of Herron & Co., all of which was done with the consent and approval of the plaintiff.

The contract was made on October 11, 1909. It begins by reciting that Capell has obtained United States letters patent, No. 924037, for a certain gas iron, “and also intends to apply for letters patent on said iron in Canada.” It then declares that Capell thereby grants to Herron & Co. “the exclusive right to manufacture and sell gas irons as described in the United States letters patent during the full term of said patent and for the full term of the Canadian letters patent when obtained, providing said Herron & Co. shall sell or cause to be sold gas irons to the extent as follows: 7,200 irons during the first, 12,000 irons during the second, 15,000…