Hercules Glue Co. v. Littooy

NOURSE, P. In an appeal from an order made after final judgment in an action for specific performance the single question presented is whether, after a decree has become final and has been affirmed on appeal, the trial court [43]has power and jurisdiction to modify it by adding conditions to those contained in the decree which the plaintiff is required to fulfill before the specific performance theretofore ordered shall become effective.

Plaintiff brought an action in equity for specific performance of a contract with defendant requiring the latter to assign to plaintiff a certain invention made by defendant, known as “Fluxit 4-X’’, and for which defendant had made application for letters patent of the United States. The defendant filed a cross-complaint seeking compensation for services and other relief. On July 2, 1935, a decree favorable to plaintiff was recorded, which provided: “That within ten days from the signing and filing of this decree the said defendant and cross-complainant, John F. Littooy, execute and deliver to the Clerk of this court for plaintiff and cross-defendant, Hercules Glue Company, Ltd., a good and sufficient assignment, acknowledged before a Notary Public, assigning to plaintiff and cross-defendant the invention known as ‘Fluxit 4-X’, the application or applications for Letters Patent thereon filed by defendant and cross-complainant, and any and all Letters Patent which may have been issued to defendant and cross-complainant on said invention as a result of any application therefor filed by said defendant and cross-complainant; and within ten days from the signing of this decree said defendant and cross-complainant, John F. Littooy, shall deliver to and furnish to plaintiff and cross-defendant, Hercules Glue Company, Ltd., a written memorandum of said defendant and cross-complainant’s costs and expenses incident to, or involved in, filing said application or applications or in securing any such patent, and the assignment of the same to the plaintiff and cross-defendant, relating to said invention covering said formula known as ‘Fluxit L-X’, and file a copy thereof with the Clerk of this court; that plaintiff and cross-defendant shall, within five days thereafter, if it be dissatisfied with the correctness of said memorandum, file written objections to said memorandum in this court and deliver and furnish defendant and cross-complainant with a copy thereof; that if plaintiff and cross-defendant does not so object to said memorandum within said five day period, it shall forthwith deposit the money called for by said memorandum with the Clerk of this court for said defendant and cross-complainant and thereupon the Clerk of