New York Court of Appeals

Henry A. Nau, Respondent v. Vulcan Rail & Construction Company, Appellant

July 29, 1941286 N.Y. 188

Summary

The Court of Appeals held that the indemnity clause in the contract between Nau and Vulcan Rail & Construction Company was plain and unambiguous, covering only infringement suits and not patent interference proceedings, and therefore reversed the plaintiff's recovery. The court affirmed the defendant's second counterclaim and remanded for entry of judgment on the first counterclaim.