Butterick Publishing Co. v. Fisher
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Essex on August 4, 1908. The bill alleged that the plaintiff was engaged in the business of manufacturing and selling patterns for all kinds of garments worn by women and children, and in publishing periodicals and catalogues illustrating said patterns and containing pictures, plates, numbers, and general descriptions thereof, all of which had a very large and extensive sale and valuable reputation in the country…
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Bill in equity, filed in the Superior Court for the county of Essex on August 4, 1908. The bill alleged that the plaintiff was engaged in the business of manufacturing and selling patterns for all kinds of garments worn by women and children, and in publishing periodicals and catalogues illustrating said patterns and containing pictures, plates, numbers, and general descriptions thereof, all of which had a very large and extensive sale and valuable reputation in the country at large, and had been long on the market in Newburyport and vicinity; that the handling, managing, introduetian and…
1Opinion of the CourtLoring, J.
1. We are of opinion that the contract sued on is not within R. L. c. 56, § 1. It was held by this court in Commonwealth v. Strauss, 188 Mass. 229, that that statute, being a *130highly penal one, is to be construed strictly, and that so construed it does not prohibit a sale at a reduced rate in consideration of an agreement to sell the vendor’s goods alone. It is not necessary, therefore, to consider whether the defendant was the plaintiff’s agent as matter of law and so within the exceptions stated at the end of the section.
2. The defendant’s objection that no decree can be had in the absence…
2Cases cited21 opinions
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- Peabody v. NorfolkMassachusetts Supreme Judicial Court · 1868
- Beekman v. MarstersMassachusetts Supreme Judicial Court · 1907
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
- Jones v. WilliamsSupreme Court of Missouri · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Kennedy Bros. v. BirdMassachusetts Supreme Judicial Court · 1934
- Graustein v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1936
- Gaston v. GordonMassachusetts Supreme Judicial Court · 1911
- Corning Glass Works v. Ann & Hope, Inc. of DanversMassachusetts Supreme Judicial Court · 1973
53 more not listed; retrieve them via the Exa API.