Opinion
January 25, 1943.
Present — Close, P.J., Hagarty, Carswell, Taylor and Lewis, JJ.
Action brought upon ten alleged separate causes of action presenting three distinct claims for which plaintiff seeks three forms of relief, (1) as to causes of action "First" to "Fourth" inclusive, against the defendant Sadwith in equity for an accounting; (2) as to causes "Fifth" to "Eighth" inclusive, upon contract to recover royalties allegedly due under written agreements; and (3) as to causes of action "Ninth" and "Tenth," on allegations of fraud and conspiracy, to set aside the sale of certain patents to the defendant Alfred B. Clark and ultimately to the defendant Ross Industries Corporation. From a judgment rendered after a trial by the court without a jury, dismissing the fourth amended complaint and the first amended supplemental complaint, and awarding judgment in favor of all defendants, plaintiff appeals. The appeal from the judgment has been duly discontinued by order in so far as the judgment is in favor of defendants Alfred B. Clark and Ross Industries Corporation. Judgment in so far as appealed from, unanimously affirmed, with costs. No opinion.