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MACY v. LOGANSPORT MACHINE CO.

No. 29,046.

232 Ind. 270 (1953)

111 N.E.2d 717

MACY v. LOGANSPORT MACHINE CO., INC.

Supreme Court of Indiana.

Rehearing denied May 12, 1953.

Attorney(s) appearing for the Case

Glenn L. Miller, of Logansport, McClure, Shenk & Ellis, of Kokomo, George L. Denny and Schley & Trask, all of Indianapolis, for appellant.

John E. Fell, of Kokomo, Alan W. Boyd and Jerry P. Belknap, of Indianapolis (Fell, Life & LeVan, of Kokomo, and Barnes, Hickman, Pantzer & Boyd, of Indianapolis, of counsel), for appellee.

FLANAGAN, J.

This action was brought by appellee under the Declaratory Judgment Act to determine the rights of appellant as patentee of a fluid control valve. Appellant filed a cross-complaint, basing separate paragraphs on three theories: (1) An express contract to pay the reasonable value of the patent used by appellee; (2) an implied contract to pay the reasonable value; and (3) a quasi contract by reason of unjust enrichment.

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