New York Court of Appeals

William E. Marston, Appellant v. Geoege W. Swett, Respondents

May 23, 187666 N.Y. 206

Summary

The New York Court of Appeals reversed the lower court, holding that a complaint need not allege that a contract within the statute of frauds is in writing and that the invalidity of a patent does not defeat consideration for a royalty agreement. The Court therefore ordered a new trial.