Opinion · Ohlaw Ohio

GEMCO CO. v. HENDERSON, 149 Ohio St. 577 (1948)

GEMCO Eng’g MFG. CO., APPELLEE v. HENDERSONET AL., APPELLANTS.[fn*], 79 N.E.2d 910 (Ohio 1948)

Type
Opinion
Court
Ohlaw Ohio
Jurisdiction
Ohlaw
Date
1948-03-24
Topic
general

GEMCO CO. v. HENDERSON, 149 Ohio St. 577 (1948) 79 N.E.2d 910 THE GEMCO ENGINEERING MFG. CO., APPELLEE v. HENDERSONET AL., APPELLANTS.[fn*] No. 31324Supreme Court of Ohio. Decided March 24, 1948. [fn*] Reporter's Note.

Citator

UpLaw has not yet analyzed GEMCO CO. v. HENDERSON, 149 Ohio St. 577 (1948). The absence of a flag is not a finding that it is good law.

GEMCO CO. v. HENDERSON,149 Ohio St. 577(1948)
79 N.E.2d 910
THE GEMCO ENGINEERING MFG. CO., APPELLEE v. HENDERSON
ET AL., APPELLANTS.fn*
No. 31324
Supreme Court of Ohio.
Decided March 24, 1948.
Supreme Court — Dismissal — No debatable constitutionalquestion involved — Employment of inventor of trailer hitchby trailer manufacturer — To adapt hitch to manufacturer'strailers — Tire mounter conceived and developed by inventorduring employment — Tire demounter conceived and developedat inventor's home — Demounter perfected after terminationof employ. ment — Conflicting claims of parties — As toconduct and policy relative to rights in mounter anddemounter — Inventor's claim that he merely intended togrant use for royalty — Manufacturer's claim of ownershipunder employment to invent — Action by manufacturer forassignment to it of all rights — Decree of trial court —Title in inventor subject to shop right in mounter — Courtof Appeals decree — Title in inventor subject to shop rightto use and sell — In both mounter and demounter — Appeal byinventor to Supreme Court — Due process.
APPEAL from the Court of Appeals for Hamilton county.
Mr. Truman A. Herron, for appellee.Messrs. Long BloomandMr. J. Warren Kinney, Jr., for appellant.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for thePage 578reason that no debatable constitutional question is involved.Appeal dismissed.

WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.
  1. Reporter's Note. This cause is pending, a motion to certify the record having been allowed. ↩