Edward Douglass White

“ The contract dealt with a process 'known as the Harvey process.' It imported the speech of the parties and the common speech of the time into the description of the subject-matter. The words, Harvey process, commonly are put in quotation marks in the first contract, thus emphasizing the adoption of common speech. They mean the process actually used. The contract states that it is dealing with the same thing that had been the subject of the former agreement. That agreement further identified that subject as a process which was tested at the Naval Ordinance Proving Ground. ”

“ The proposition is that even although the armor plate made for the United States by the Midvale Steel Company was hardened by the Harvey process, the obligation to pay royalty as to such armor does not exist, because the United States had not, by its contracts with the Midvale Company, specifically required that company to use the Harvey process. ”

“ Subsequently, at the request of the United States, the contract of March 21, 1892, was abrogated and in its stead a contract was entered into on April 12, 1893. By this contract, the United States was granted the right to use for the treatment of armor plate for its vessels the 'Harvey process' and any and all improvements made by the Harvey Steel Company upon such process, and to use and employ the armor plates manufactured according to said process. The United States agreed to pay the Harvey Steel Company a royalty of 1/2 cent per pound on the finished plate. ”