Union Carbide & Carbon Corp. v. White River Distributors, Inc.

This appeal seeks to sustain the constitutionality of Act 92 of 1937 commonly known as the “Arkansas Fair Trade Act”, which is found in Ark. Stats. § 70-201 through § 70-208.

Appellant, a corporation, manufactures an antifreeze product which it sells under the trade name of “Prestone”. Under the Act it contends it has the right to require all retailers in Arkansas to sell Prestone to consumers at the price of $3.75 per gallon. Appellee, a corporation operating a retail store in Batesville, advertised and sold Prestone for $2.97 per gallon. Appellant filed suit in Chancery Court, under the…