Majority
p. 343William James M’Neven and others, appellants, against Edward P. Livingston and others, respondents
Headnote
Where two persons arejoint proprietors of certain patent rights, as for navigating vessels by steam, one of them, on the mere ground of such joint interest or concern, is not responsible for any special contract or undertaking entered into by the other with any assignee of such right, not connected with the enjoyment and exercise of their common privilege under the patent.Where a party intends to abandon or rescind a contract, on the ground of a violation of it by the other, he must do so'promptly and decidedly, on the first information of such breach. If he negotiates with the partv. after knowledge of the breach, and permits him to proceed in the work, it is a waiver of his right to rescind the contract.
APPEAL from the Court of Chancery. Vide 3 Johns. Ch. Rep. 23 . S. C. under the title of Lawrence and others v. Dale and others.
T. A. Emmet, for the appellants.
for the respondents, Edward Riggs and S. Jones, Jim. P. and Robert L. Livingston.
C. Baldwin, for the executors of Robert Fulton, deceased, respondents.
p. 344
A majority of
[1] being of opinion, that the decree of Ae Court of Chancery ought to be affirmed, it was, thereupon, Ordered, adjudged, and decreed, that the decree of the Court of Chancery be affirmed, and that the appellants pay to the respondents for their costs in defending the appeal, and that the record be remitted, &c.
Decree of affirmance.
(a) (a) For affirmingy 16; for reversing, Q.