WERNER v. FLOSDORF

PATENTS AND INVENTIONS, § 23 — when neither express nor implied warranties exist under royalty contract. In action by owner of patents to recover royalties against defendant to whom he had granted license privileges under his patents, pursuant to written contract, to which defendant interposed counterclaim on theory that plaintiff had breached warranty either expressly made in contemporaneous oral agreement or implied in written contract that commercial article could be produced or sold on open market by use of plaintiff's patents, held no express or implied warranties existed under either oral or written contract, and trial court properly overruled defendant's motion for new trial after verdict for plaintiff.

Opinion by JUSTICE FRIEND.

"Not to be published In full." Opinion filed February 8, 1943.