Common Contracts
1 similar Contract to Sell contracts
ContractContract to Sell • June 2nd, 2016
party of the second part his rights, privileges, and benefits which he * * * now holds" constitutes the only conveyance contempla• ted. If Brier had any rights, benefits, or privileges a t the time, it was only the per• sonal permission of Day to use the unpatent• ed process, and an agreement to assign an interest in the patent in the event of its ir- sue, covering the state of Colorado. If this language be said to refer to a government patent, then the assignment, to be valid, must be made and recorded as provided by the statute. The contract to sell, in question, clearly required a valid conveyance, and a valid conveyance in such case must neces• sarily be in writing. There can be no valid existing conveyance until i t is recorded in the patent office. I t is therefore the clear duty, and in this case a necessary prerequi• site to the bringing of the suit, if the action might otherwise be maintained, tha t the plaintiff should have tendered such a convey• ance.
