Henkle & Joyce Hardware Company v. Maco
1976.NE.81, 239 N.W.2D 772, 195 NEB. 565
Supreme Court of New York
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This is an action sounding in tort for money damages, founded upon an allegedly unlawful use of a trade secret. As the legal underpinning for its claim, the plaintiff relies upon a principle embodied in the following quotation from Restatement, Torts, section 757, page 1: "One who . . . uses anothers trade secret, without a privilege to do so, is liable to the other, if . . . (b) his . . . use constitutes a breach of confidence reposed in him by the other in disclosing the secret to him." A jury was waived and the action tried to the court. After both sides had rested the court took the matter under advisement, found generally for the defendants, and dismissed the plaintiffs petition. The plaintiff appeals. Its position in this court is: (1) It was entitled on the basis of undisputed evidence to a favorable finding on the issue of liability. (2) The court erred in certain "findings" it made in a letter opinion to counsel written at the time it announced judgment. (3) The trial court erred in failing to consider certain matters which it ought to have considered and by reason of which a different result would have been reached. The assignments made by the plaintiff are more specific than the language we have used to summarize them. However, since we do not try this matter de novo, the foregoing summary will suffice for present purposes and we will note as necessary the assignments more specifically later.
- 0,99 €
- Category: Law
- Published: 11 March 1976
- Publisher: LawApp Publishers
- Print Length: 16 Pages
- Language: English