Sinclair Refining Co. v. Jenkins Petroleum Process Co., 289 U.S. 689 (1933)

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Sinclair Refining Co. v. Jenkins Petroleum Process Co.

No. 752

Argued May 11, 12, 1933
Decided May 29, 1933
289 U.S. 689

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

1. A bill of discovery will lie in a federal court to aid in proving damages of the plaintiff in an action on the law side if the complication of accounts or other practical impediments make it necessary that the evidence be sifted in advance of the jury trial. P. 693.

2. Granting of this remedy is discretionary, and the party against whom it is sought will be protected from impertinent intrusion into his business affairs. P. 696.

3. In the present case, discovery was sought in good faith and on probable cause, and the defendant was properly protected by a decree limiting the discovery in advance of trial to general facts, but providing that the bill be retained for fuller inspection of records, etc., without delay in case of need. P. 697.

4. In an action at law, to recover the damages resulting from the breach of a contract to assign an application for a patent, the use made by the defendant of the patented device, after the breach of contract, may be considered in appraising the value of the invention as of the time of the breach. P. 697.

62 F.2d 663 affirmed.

Certiorari to review the reversal of a decree, 56 F.2d 272, dismissing a bill of discovery in aid of an action at law to recover damages for breach of a contract to assign an application for a patent. For earlier phases, see 32 F.2d 247; id. 252.