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TOMS v. BEV-MAID, INC.

420 Pa. 562 (1966)

Toms, Appellant, v. Bev-Maid, Inc.

Supreme Court of Pennsylvania.

March 22, 1966.

Attorney(s) appearing for the Case

John S. Estey, with him Bruce B. Wilson, Joseph F. Harvey, and Montgomery, McCracken, Walker & Rhoads, for appellant.

William H. Rivoir, Jr., with him Gawthrop and Greenwood, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE O'BRIEN, March 22, 1966:

Appellant, Clinton Lee Toms, entered into an agreement with Providence Enterprises, Inc., predecessor of appellee, Bev-Maid, Inc., whereby appellee was granted the sole and exclusive right and license to manufacture and supply products utilizing certain inventions of appellant. For this license, appellee agreed to pay certain royalties.

The license agreement in its introductory paragraphs states:

"Whereas...

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