Hill v Thompson and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1817 |
| Date | 01 January 1817 |
| Court | Court of Common Pleas |
English Reports Citation: 171 E.R. 367
IN THE COURT OF COMMON PLEAS
Subsequent proceedings with annotations. 8 Taunt. 375.
HOW aaa. HILL V. THOMPSON 367 [636] hill v. thompson and others. (Senible, that the patent should be a general index to the specification, and state, in substance and outline, what is thereafter set out in circumstance and detail in the specification. 2. Kenible. that if a patent be taken for more of a machine than is strictly the inventor's own addition or improvement, it is not good.) [Subsequent proceedings with annotations. 8 Taunt. 375 I This was an action for infringing the plaintiff's patent. Hill, it appeared, had obtained a patent for " certain improvements in the smelting and working of iron " The specification, which was exceedingly complex, described the invention to consist in extracting iron from slags or scoria, which it was formerly the custom for iron masteis to throw away, as useless The plaintiff then proceeded to shew that, by an admixture of a certain proportion of mine rubbish with the slags, it was rendered fit for the process oi iron making , and that by a further application of lime-stone, or quick lime, in the puddling furnace, the disease called the cold short in iron (which was a kind oi brittleuess, and want of malleability) was effectually cured , and that the iron so produced was good bar iron The specification then described the quantities of slags, mine rubbish, and lime-stone, or quick lime, which were to be used , and likewise the particular timeh at which these materials were to be put into the several furnaces. There were altogether four furnaces; through all of which, for the purposes of the invention (viz the extracting of good marketable iron from the slags), the several materials, at certain times, and in certain proportions, were required to pass. It appeared that there was no novelty in the process of extracting iron from slag ; that it was known amongst scientific men , and that Doctors [637] Aikin and Ren-extends to latent defects But if there be no such warranty, and the seller sell the horse, such as he believes it to be, without fraud, the law will not imply that he sold it upon any other terms than such as were stipulated at the time of the bargain. It is the fault of the buyer, if he do not insist upon a warranty. It has been said, that there is an implied warranty of the goodness of an article arising from the conditions of all aalea ; and this has been rested upon the principles of natural justice and equity, which must govern all the contracts of men without reference to the particular quality of the thing for which they contract. There is no such principle, however, in the English law Parkinson v. Lee, 2 East, 314. It was formerly, indeed, a current opinion^ that a sound price was per se an implication of warranty In other words, that a sound price given for a horse was tantamount to a warranty of soundness. But, when this notion came to be judicially exammed, it was found to be so loose and unsatisfactory, and so much at variance with the principles of the English law in...
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