Lionel Corp. v. Klein

Seitz, Chancellor:

This is the decision after final hearing on plaintiff-corporation’s complaint charging defendant with the violation of the Delaware Fair Trade Act1 in the sale of plaintiff’s products. At the close of the trial, the Court ruled from the bench that the defendant was clearly guilty of violating the Act and that the only question for decision was whether the defendant had sustained one or more of his other defenses to the action. The three defenses relied on by defendant are:

1. That there was such a deterioration of the Lionel resale price maintenance structure in the…