Judgement regarding dispute between Buller & Co. and Fuller & Son

Telegraphic Insulators. — In the case, heard on the 12th ult., of Fuller & Son v. Buller & Co., Mr. Millar, Q.C., said he applied on behalf of the plaintiffs, a firm of telegraph engineers, for an injunction to restrain the defendants from the breach of an agreement entered into between the parties in March. The plaintiffs are the proprietors of a telegraph insulator, namely, the porcelain cup on the pole around which the wire is wound. The agreement was that the defendants should not manufacture or sell such insulators without the plaintiffs' consent. In April the defendants asked the plaintiffs' consent to their tendering for a quantity of these insulators, and permission was given, at a certain price, which would give the plaintiffs a royalty of 10 per cent. Since then the plaintiffs had ascertained that the defendants had been selling the insulators without the plaintiffs' knowledge or consent. A correspondence ensued, in which the defendants complained of the inconvenience of having continually to ask for this consent, and they asked for permission to quote to anybody, reserving to the plaintiffs a royalty on certain terms. The plaintiffs thought the agreement ought to be maintained. Mr. Marten contended that a new agreement had been made that the defendants should tender for any price they liked, provided the plaintiffs had a commission. The Judge said the plaintiffs were entitled to an injunction, but they should undertake to give the defendants an opportunity of tendering.