William Strong

“ As the tension of the usual spring attached to the arm, d, of the rocker tends to draw the rocker in the direction of the arrow, the link, c, keeps it in its right place on the bed, and by reason of its end journals working in the semi-cylindrical boxes, permits the required rocking motion to take place freely, whilst at the same time the form of the upper surface of the bed, and of the under surface of the rocker, prevents the picker-staff from wabbling or moving sidewise. ”

“ Graham, the complainant, had obtained injunctions against certain mill companies who had bought their motion from Mason, the defendant, he, Mason, having guaranteed them against disturbance by Graham. Graham, the complainant, was about to apply for injunctions against other purchasers from Mason, who had purchased and were holding in the same way. And Mason, acting really in behalf of the persons using the motions, and in a certain sense as their agents, rather than as representing himself alone, had paid the $1000 mentioned in the paper to protect them from all claims of Graham. ”

“ Of them all it may be said that while each has a rocker and a bed, no one connects the rocker with the bed by means of loose journals, or by loose journal-bearing arms, and no one of them obtains the beneficial results secured by the invention belonging to the complainants. ”

“ Mason. It is also understood and agreed that this settlement does not affect in any manner our right to recover profits or damages from Mr. Mason for his infringement of said patent, and that the suit of Graham et al. v. Mason shall proceed precisely as if this settlement never had been ade. It is also understood that this agreement relates simply and solely to the bridle-motion, and no other, and licenses simply those bridle-motions of Mr. Mason's make not already licensed, and no others. ”

“ It forms no part of the cost of manufacturing the 'bridle-motions' and cannot be here considered in reduction of the amount found as profits of manufacture. If this is a payment on account of the sum to be ultimately adjudged against the defendant in this case it is not within the matter submitted to the master by the decretal order.'
The court below affirmed the report of the master, and a final decree being entered this appeal was taken from the same.
Mr. Benjamin Deane, for the appellant; Mr. J. E. Maynadier, contra.
Mr. Justice STRONG delivered the opinion of the court. ”