Scott

— This is an action to recover the sum of fifteen hundred dollars, the contract price of several United States letters patent, sold by plaintiff’s assignor, Watkins, to defendant, under an agreement dated July 19, 1885. The contract of sale provided that Watkins should assign, deed, and deliver to defendant all of his patents for harvesting machinery for the sum of fifteen hundred dollars, one half of which was made payable November 1, 1885, and the balance November 1, 1886. The contract provided that the assignment was to be made as soon as a settlement was made by Watkins with Rice.

The court found that a settlement was made by Watkins with Rice in March, 1885; that at all times subsequent to January 19, 1885, Watkins was ready and willing to assign the patents to defendant, and that in December, 1887,— prior to the commencement of this suit, — he tendered an assignment in writing to the defendant of all the letters patent, except patent No. 97,646, which had expired on the first day of December, 1887. The contract was assigned by Watkins to the plaintiff herein January 20, 3886. Judgment was entered in the court below in favor of the plaintiff for the amount claimed; the…