85 years since the commencement of the High Court legal case in Belfast between Harry Ferguson Motors and David Brown tractors

The legal case between Harry Ferguson and the Ford Motor Company that took place between 1948 and 1952 made newspaper headlines across the globe in an almost daily basis. A case that saw Ferguson being awarded $9.25 million Dollars and Ford agreeing to stop the illegal production of the Ford 8N tractor as it was using Ferguson designs.

This was not Harry Ferguson’s first legal case as he sought to protect his intellectual property rights in the Ferguson System and the ideas he first invented in the Ferguson Master Patent of 1925. The invention of the modern tractor with quickly interchangeable implements and automatic depth control.

In many ways the case held at the High Court in Belfast was even more significant as it established the importance of the ideas from 1925 until it was perfected as the Ferguson System. A system of farm mechanisation and modernisation perfected during the autumn of 1935 in County Tyrone and which today a world standard.

The world’s first production Ferguson System tractor would be built by David Brown in Huddersfield, England from March, 1936 as part of an agreement signed on the 2nd December, 1935 between Harry Ferguson and David Brown. Its design utilized Ferguson Patents first filed on the Ferguson System Day of Patents on the 5th February, 1936 and the Ferguson Master Patent of 1925.

The agreement would be terminated in January, 1939 by Harry Ferguson in preparation for the start of Ferguson System tractor production as a result of the gentleman’s agreement between Harry Ferguson and Henry Ford in the USA. This would see the Ford-Ferguson commence production in 1939.

David Brown would also develop his own new tractor called the David Brown tractor that he launched in 1939 and as part of its design it had been planned to fit a Ferguson System three point hydraulic linkage. Harry Ferguson had made David Brown aware that the Ferguson System was his intellectual property and could not be fitted.

The legal action was taken by the Ferguson Company on Harry Ferguson’s behalf as he spent from 1940 to 1945 in the USA. The case began at the High Court in Belfast in February, 1941 with Harry Ferguson Motors asking to have the Ferguson Master Patent extended for a further ten years, because of its importance and the cost of its development until 1935 of £186,350 Pounds. Most of this money was still owed to Thomas MacGregor Geer the main financial backer as the company had reinvested any profits setting up sales and distribution outlets. He also had to pay back Henry Ford for giving him a lone to help that setting up. As part of the war effort for example Harry Ferguson supplied each Ford-Ferguson to Stormont at cost who then sold them in a hire purchase scheme to farmers. Standing the loss of tractors on ships as they were transported across the Atlantic when the ships were sunk by German U-boat attacks. The Ferguson Company still paid the Ford Motor Company for each tractor built, putting the Ferguson Company initially in arears.

The David Brown company was the main objector to the extension as they wanted to fit it to their own David Brown tractor.

In June, 1942 an extension of two further years was granted to the Ferguson Master Patent and that meant that although David Brown could fit a version of hydraulic three point linkage, it could not use key aspects of the Ferguson System that included automatic depth control and safety release. In other words the lift was just up and down and implements needed a wheel for depth control.

The granting of two further years of an extension to the Ferguson Master Patent until June, 1944 gave the Ferguson Company a chance to pay back arrears. By June, 1944 with the success of D-Day it was clear the war was ending and Harry Ferguson began thinking about post war production in the UK and having the funds to do so.

Stevan Patterson, Castlederg, County Tyrone