MR. JUSTICE MATTHEWS delivered the opinion of the court.
This is an action of assumpsit brought by the plaintiff in error to recover the sum of $25,000 as consideration for the sale and transfer to the defendants below of the exclusive right for the States of Pennsylvania and New Jersey to make, use, and vend to others "Humiston's Atmospheric Hydrocarbon Apparatus" for generating light and heat, under letters-patent dated. June 24, 1879, No. 216,853, issued to Ransom...
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