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Contracts Keyed to Marshall
PYM v. Campbell
Citation:6 Ellis & Blackburn 370 (1856)
Plaintiff was inventor of a machine which he wished to sell through the instrumentality of Sadler, who had introduced the defendants to him; that, after some negotiations, the defendant Campbell drew out the paper, which both plaintiff and defendants then signed, and which plaintiff took away. They had got so far as to agree on the price at which the invention should be purchased if bought at all, and had appointed a meeting at which the plaintiff was to explain his invention to two engineers appointed by the defendants, when, if they approved, the machine should be bought. At the appointed time the defendants and two engineers of the names of Fergusson and Abernethie attended; but the plaintiff did not come; and the engineers went away. Shortly after they were gone the plaintiff arrived. Fergusson was found, and expressed a favourable opinion; but Abernethie could not then be found. It was then proposed that, as the parties were all present, and might find it troublesome to meet again, an agreement should be then drawn up and signed, which, if Abernethie approved of the invention, should be the agreement, but, if Abernethie did not approve, should not be one. Abernethie did not approve of the invention when he saw it; and the defendants contended that there was no bargain.
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