E. W. Bliss Co. v. Buffalo Tin Can Co.

LACOMBE, Circuit Judge.

I concur fully in this opinion. The proposition advanced in argument, that plaintiff would have been enjoined by the owner of outstanding patents from using equivalent machinery, even if he had had it built, is of no weight. That circumstance would not modify the rule of damages laid down in the opinion for breach of a contract to make and deliver machinery. The contract sued upon is not one to save plaintiff harmless from all suits for infringement of patents.