Sharpless-Hendler Ice Cream Co. v. Davis

The Chancellor.

The first question is whether the defendant may introduce testimony showing that the complainant has no established wholesale price at which it sells ice cream, that it sells at various wholesale prices to different customers, and grants rebates in various forms and discounts from its so-called wholesale price whereby certain of its customers are more advantageously treated than others including the defendant if she continued to buy from the complainant.

I think the proposed testimony is admissible. The complainant’s established wholesale price, if one exists, must necessarily…