Baum v. Vanatta

BARNARD, P. J. These two actions were tried together and have been presented here upon one set of briefs. In the one action it was sought to enjoin the defendants from constructing or selling to anyone other than the plaintiff any machines of a certain type to be used for the purpose of curling human hair and, in the other action, the plaintiff sought to obtain possession of the dies used by the defendants in making these machines.

The plaintiff alleged that he was in the business of manufacturing and selling appliances and supplies for use in beauty parlors; that in September, 1927, he engaged the defendant Willis N. Vanatta, who will herein be referred to as the defendant and respondent, to construct a machine designed to produce the permanent waving of human hair by a method known as the “spiral method”; that the defendant constructed such a machine in accordance with ideas and specifications provided by the plaintiff; that the plaintiff then engaged the defendant to construct all of such machines which the plaintiff might require in his business under an [590]agreement that the defendant would make and construct such machines exclusively for the plaintiff and in conformity with such improvements as thereafter might be specified by the plaintiff; that on July 1, 1928, the plaintiff engaged the defendant to make another machine for the permanent waving of human hair by the method known as the ‘ ‘ eroquignole method”, to be made in conformity with the ideas and specifications provided by the plaintiff; that the defendant constructed and improved such a machine all in conformity with the ideas and specifications of the plaintiff; that the plaintiff paid for the dies necessary in the construction of such machines; that the parties then entered into an agreement by which the defendant agreed to make and construct such machines exclusively for the plaintiff and in conformity with any improvements, ideas and specifications suggested by the plaintiff ; that the defendant continued to construct said machines for the plaintiff until December, 1932, when he refused to make any more machines for the plaintiff; that the plaintiff spent a large sum of money in advertising and developing his business; and that the defendant has been injuring said business by selling these machines to other persons.

The defendant, in his answer, denied that any ideas or specifications for any of these machines were furnished by the plaintiff and denied the existence of any contract or agreement under which the machines were to be exclusively constructed for and sold to the plaintiff. It is further alleged that these machines were constructed in accordance with a new method of applying heat in the curling of hair, that this method was originated by the defendant and developed by his experiments and with his ideas, that he had taken out and owned a patent on this improved heater, and that the dies belonged to him.