...may determine that fee to be upon the evidence in tho case, it will operate to vest the title of tho patent to the extent of its use in the Metropolis...verdict will be for a compensation for the use of tho invention during the sixty days' use before the suit. The Court has considered the several prayers...

...Metropolis throughout its tenu ; and they should «tete whether they adopt the patent-fee or the profit« from the use of the inventions as the measure of damages...former case the title passes, and in the latter case it docs not ))ass, and your verdict will be for a compensation for the use of the invention during the...

...apply. The fundamental difference between a sale, properly so-called, and an agreement to sell is that in the former case the title passes, and in the latter case it does not. The inquiry in this regard, therefore, must be as to whether the title passed. And it is to be observed...