Form 3642.

Agreement With Custodian of Pledged Property.

This agreement, made the day of, 19, between the Philadelphia Warehouse Company, a corporation existing under the laws of the commonwealth of Pennsylvania, of the first part, and of Wilmington, Delaware, of the second part, witnesseth:

Appointment of custodian.

The party of the first part hereby constitutes and appointed the party of the second part custodian in charge of their premises at the works of the Diamond State Steel Company, at Wilmington, Delaware, now or hereafter held or which may hereafter be held under lease from the Diamond State Steel Company, and of the property deposited or stored on said premises or which may hereafter be deposited or stored thereon.

Duties and responsibilities of custodian.

The party of the second part shall maintain at all times exclusive possession of said premises, and see that the proprietorship of the party of the first part therein is continuously made known by the maintenance of conspicuous signs thereon or on the property stored thereon, to give notice to parties visiting the premises of the possession thereof of the party of the first part. He shall be responsible for the safe keeping of the property of the party of the first part while on storage on said premises, making delivery thereof only upon presentation of the written. order of an authorized officer of the party of the first part; he shall keep accurate account thereof and of receipts and deliveries thereof, reporting to the party of the first part weekly or more often if required; under general instructions the party of the first part he may deliver from time to time to the Diamond State Steel Company for their own use pledged merchandise in excess of the aggregate gross value deemed necessary for the protection of the loans which at the time of such delivery are outstanding. Party of the second part agrees to calculate value of pledged merchandise at schedule valuations to be fixed by the party of the first part. And upon the termination of his employment he shall account for all property which has been placed in his custody and shall deliver the same to his successor as custodian, or to such other person or persons as party of the first part may direct.

Bond of custodian-Compensation.

The party of the second part shall furnish to the party of the first part bond in the sum of one hundred thousand dollars ($100,000.00), with sureties satisfactory to the party of the first part, conditioned for the faithful custody and proper delivery of the premises and property committed to his care, and the faithful discharge of the duties assumed by him under this agreement. As compensation for his services the party of the second part shall be paid by the party of the first part.

Period of agreement.

This agreement shall continue in force for one year from its date, and thereafter from year to year unless terminated by the party of the first part, or by the party of the second part on thirty days' notice to the party of the first part: Provided, however, that upon the termination of the lease, or leases, of the premises herein described the employment hereunder shall

cease.

In Witness Whereof, the parties hereto have subscribed these premises the day and year first above written.

Philadelphia Warehouse Company,

By

Secretary.

(Construed in Philadelphia Warehouse Co. v. Winchester, 156 Fed. 600.)

Form 3643.

Agreement Assigning Another Agreement.

This agreement, made the

day of, 19-, between

trading as C. R. Baird & Co., of the first part, and Roanoke Furnace Co., a corporation duly incorporated under the laws of the state of New Jersey and authorized to do business in the state of West Virginia, of the second part.

Whereas, the said

in the execution of the contract hereinafter referred to, acted for the use and benefit of the said Roanoke Furnace Company:

in con

Now this agreement witnesseth that the said sideration of the premises, and of the covenants and agreements of the said Roanoke Furnace Company hereinafter contained, assigns, sets over, and transfers unto the said Roanoke Furnace Co. all his right, title, and interest in and to the agree

ment made and entered into on the

day of, 19—,

by and between —, of Roanoke, Virginia, and the said trading as C. R. Baird & Co.

And this agreement further witnesseth that the said Roanoke Furnace Company, in consideration of the said assignment, covenants and agrees to and with the said, to hold him harmless on all of the covenants and agreements made by him in the said contract with

In Witness Whereof, the said

has hereunto set his hand and seal and the said Roanoke Furnace Company has hereunto caused its corporate seal to be affixed.

(Signed.)

(Construed in Woodruff v. Shimer, 174 Fed. 584.)

Form 3644.

Assignment of Concession.

80 Wall St., New York,

19-.

For value received I hereby sell, assign and transfer unto the Havana City Railway Company of West Virginia, U. S. A., all my right, title and interest into the concession for a horse car line heretofore granted by the city of Havana to Manuel De La Torre, upon the plans filed by and agree to follow this assignment by proper transfer by deed to said company when said Havana authorities shall grant electricity as a motive power for said road.

you of the Horse Car Concession granted by city of Havana to which I am to hold in escrow in accordance with the terms

of the agreement made yesterday between your company and which trust I hereby accept.

(Involved in Havana City R. Co. v. Ceballos, 139 Fed. 538.)

Form 3645.

Registration of Trade-Mark.

To all whom it may concern.

Be it known that the Thaddeus Davids Company, a corporation organized under the laws of the state of New York, located and doing business in New York City, county of New York, in the state of New York, has adopted for its use the trade-mark shown in the accompanying drawing.

This mark has been continuously used in the business of said corporation and its predecessor, -, since about 19-.

The general class of merchandise to which the mark is appropriated is class 60, inks and inking materials, and the particular description of goods comprised in such class upon which it is used is writing-inks of all varieties, hectograph-ink, show-card, indelible and stamping ink, and stamp-pads.

It is customary to print the mark upon labels which are attached to the receptacles containing the goods.

Thaddeus Davids Company,

By

Secretary.

(Involved in Thaddeus Davids Co. v. Davids, 165 Fed. 792.)

Form 3646.

Trade-Mark Warning Against Unfair Competition.

Three Oaks, Michigan,

19

To the trade. We desire to warn the trade against the purchase and sale of "Featherbone" products not made and sold by us. An imitation and inferior article is being offered to the trade under our trade-mark and name "Featherbone" and in the dress of our goods and in imitation of them.

We have brought suit against Landauer & Co., of Milwaukee, for dealing in these fraudulent imitations in unfair competition

with us, asking for an injunction against such practice on their part and for five thousand dollars ($5,000.00) damages for their acts.

This imitation article is made in infringement of our patents and trade-marks and in unfair and fraudulent imitation of our goods, and we give this public notice so that the trade may understand our rights, our position relative thereto and our intention to stop infringement and all unfair competition.

The Warren Featherbone Co.

(Involved in Featherbone Co. v. Landauer, 151 Fed. 130.)

Form 3647.

License to Use Patent.

Memorandum of agreement made this

day of A. D. 19, between, of Chicago, Cook County, Ill., party of the first part, and the Bates Machine Company, of Joliet, Will County, Illinois, a corporation organized and doing business under the laws of the state of Illinois, party of the second part;

Witnesseth, that the party of the first part in consideration of the sum of one dollar to him in hand paid, and other valuable presents, hereby agrees to the party of the second part the sole right, under letters patent of the United States numbered 542,331, dated 19, and issued to the said, to build and sell feed water heaters and purifiers embodying the improvements patented by said patents, during the life of said patents; also the sole right to build and embody such other improvements in feed water heaters and purifiers as the said after make or have patented.

Royalty.

may here

As a further consideration for the above grant, the said party of the second part agrees to pay to the said party of the first part annually, a royalty or commission of twenty per cent. of the net profits derived from the sale of said feed water heaters and purifiers between the day of, A. D. 19—, and the expiration of the period hereinbefore mentioned, provided the annual net profits do not exceed seven thousand five hundred dollars ($7,500.00). Should the net profits exceed the sum of seven thousand five hundred dollars ($7,500.00) for any year, then the royalty or commission for that year is to be fifteen