February 8, 1860.
Dear Mr. Dummer: I have examined and considered the general proposition in your letter accompanying copy of contract in relation to Lard tubs, apparatus &c., and in my opinion the Messrs H. C. Gadsen and Co. will, as a general proposition, have a right to continue to use the Tubs, apparatus &c which they have.
The reason why I say “as a general proposition” is that I fear the phraseology of the contract deprives them of it.
The language of the contract is so explicit and so often repeated that the right to use “shall be until the expiration of patent” that I fear it will be held that by the contract they cannot have the benefit of the enterprise.
Much might be said on the other side and I only mean to say that in my mind the question on the phraseology of the contract is doubtful and perhaps is worth trying.
The reason why I say “as a general proposition” is that I fear the phraseology of the contract deprives them of it.
The language of the contract is so explicit and so often repeated that the right to use “shall be until the expiration of patent” that I fear it will be held that by the contract they cannot have the benefit of the enterprise.
Much might be said on the other side and I only mean to say that in my mind the question on the phraseology of the contract is doubtful and perhaps is worth trying.
Yours as ever, A. Lincoln.