Cutler

Plaintiff recovered a judgment, or decree, against the defendants Asa B. Cutler, F. W. Cutler, and the Cutler Manufacturing Company, for the sum of $12,035.38, and costs, as damages for the breach of a contract between plaintiff and Asa B. Cutler and F. W. Cutler, dated May 4, 1928. The contract found to be breached by the defendants was an exclusive license agreement under certain patents issued to the plaintiff for his invention of a machine for the grading of fruit according to its size.

The decree provided that if the execution on the judgment was unsatisfied, then the property of the defendant Food Machinery Corporation which had been transferred to it by the other defendants should be subject to levy in satisfaction of the judgment. All the defendants appeal.

The controversy between the parties involves the interpretation of the contract by which the exclusive license was given, and particularly certain clauses thereof fixing the rights of the parties in the event that the licensees sold and transferred their manufacturing business. The manufacturing business of the appellants Cutler and Cutler Manufacturing Company having been sold March 29, 1930, to the appellant Food…