Los Angeles Superior Court, Central Trial Court

Procedural Posture

Appellant patent assignor sought review of a judgment of the Superior Court of Los Angeles County (California), which awarded damages to respondent patent assignee in its breach of contract action.

Overview: trespass of chattel

The assignor agreed to assign five United States Letters Patent on a bit used in drilling for oil and to convey certain real and personal properties to the assignee for a set sum, on the terms detailed in a conditional sales contract. The assignor did not convey one of the patents, and the assignee sued for breach of contract. The assignor claimed that award of damages allegedly suffered by the assignee by virtue of the assignor's failure to transfer the patent was excessive. Upon review, the court held that the question of whether the patent had only a nominal value or was worth the amount of damages awarded was immaterial in the face of the substantial evidence pointing to the loss of the exclusive rights of production and by the assignor's failure to deliver such rights to the detriment of the assignee, who had relied on the valid assignment. The court held that while the actual amount of damages from a breach of a contract might not be susceptible of exact proof, the law did not permit one whose act has resulted in loss to another to escape liability on that account. The law required only that the best evidence be adduced of which the nature of the case was capable.

Outcome

The court affirmed the judgment of the trial court.

Procedural Posture

Plaintiff lessor filed a complaint in unlawful detainer against defendant lessee, alleging that the lessee did not pay his late fee and that the lessee was served with a "3-day notice to perform covenants or quit." The Los Angeles Superior Court, Central Trial Court (California), found for the lessor. The lessee appealed.

Overview

On appeal, the court affirmed. The court found that appellant's defense was adequate and that any delays by appellee did not affect the quality of the defense provided to appellant. The delays primarily involved a dispute between appellee and appellant's attorneys over particular items billed and hourly rates. Thus, summary judgment was proper.

Outcome

The court reversed the judgment and remanded the matter to the trial court with instructions to enter judgment for the lessee.

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