Leese v. Bernard Gloekler Co.
Pennsylvania Supreme Court
287 Pa. 295, 135 A. 206 (1926)
Thaddeus Leese (plaintiff) obtained a patent on a fluid-regulating valve of which he claimed to be the inventor. Leese agreed by written contract to sell the patent rights to Bernard Gloekler Company (Gloekler) (defendant) for $5,000. Leese made no express warranty that the patent was valid or that the invention did not infringe other patents. After making an advance payment, Gloekler discovered that Leese’s alleged invention was already patented by others, making Leese’s patent worthless. Gloekler refused to pay the balance. Leese brought suit for the full $5,000. The trial court found in favor of Leese. Gloekler appealed. The case came before the Pennsylvania Supreme Court.
Rule of Law
Holding and Reasoning (Per curiam)
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