“ It is urged by the defendan in regard to the contract (1) that it does not admit or recite the validity of the plaintiff's patent, but only allows the defendant to make and sell a particular plow under it; (2) that it gives to the defendant that privilege for no stated time, and for no stated number of plows, and was, therefore, revocable at any time; (3) that it gives to the defendant no exclusive privilege to make and sell the Starling plow, but leaves the plaintiff the right to give the same privilege to every one else in the territory ”

“ The evidence was excluded as immaterial, and the defendant excepted. The court found as a fact that the so-called 'berthiaume Plow' was substantially the plaintiff's plow. The offer of evidene a mounted merely to showing that one person could sell a plow for $45, while another person could not sell substantially the same plow for $25. This was certainly immaterial on any issue in the case. Moreover, both parties had gone through their testimony, and the plaintiff had given evidence in rebuttal, and it was after that that this offer was made. ”

“ I find that the defendant could not, without the consent of the plaintiff, terminate the rights conferred by the license; and, there being no limitation on its face, the license continued until the expiration of the present letters patent. (2) The Starling plow is of utility, and an operative machine, although it might work better in some soils than in others. ”