TALBOT7480

Lincolns Inn ¹
4 Nov 1857

My dear Sir

M^r Loxley ² has just bro^t me the answer of his clients – our proposal ³ is not accepted nor is the door opened to any other: for the determination is come to, that the manufacture shall be discontinued and the concern wound up and the Stock sold – the Patent ⁴ is to be shelved until the last £100 becomes payable (the £50 to keep it alive is paid) –

Under the circ^es, it does not answer the purpose of the 3 remain^g Proprietors – M^r Carlton ⁵ M^r Fenton ⁶ & M^r Pretsch ⁷ to sell the Patent for any inconsiderable sum for they think that by keeping it they can hereafter turn it to account – and when that time arrives they will come perhaps to You with some offer or proposal to join in it.

Under these circ^es I suggested that the Company ought to “provide for the costs You have already incurred & the more since You are in no way” prejudiced from pursuing the action for infringem^{t 8} but to this it is answered they have considerable costs of their own to pay and that there can be no object in prosecuting the action against Def^ts who have ceased to practice the invention & who are therefore depriving the Pt^ts of no profits –

The Stock will be sold by auction of which we shall have notice –

Loxley says they have lost nearer £4000 and £3,000 and that but for the action which threw the apple of discord into their ranks, this break up would not have taken place.

“It might have been post hoc but certainly not propter hoc ⁹” was my answer for we always expressed our willingness to treat for an accomodation.

L. seemed to admit that each Invention had need of the other & that neither could be separately worked advantageously.

I suggested to M^r L the probability of our soon seeing the Shops filled with plates of piratical infringements of the Engravings – in which case he said his clients would most likely be disposed to join with You in putting these down.

I told L. that You would regret to hear that the Company is thus extinguished for the sake of an act which promised to perpetuate Your first great invention –

It only remains for You to determine whether the action shall be discontinued or not – of the former perhaps it would be as well under the circ^es that a Judges order sh^d be obtained upon the terms of each Party paying his own costs –

Ever Yours faithfully
J. H Bolton

W^m H. Fox Talbot Esq.

[envelope:]
W^m. H. Fox Talbot Esq^re
Lacock Abbey
Chippenham