Wedgewood Investment Corp. v. International Harvester Co.

OPINION

HAIRE, Judge.

The issues raised on this appeal from a summary judgment require that this Court determine whether the performance of an agreement between the appellant-dealer (referred to herein as “Nassers”) and the appellee-manufacturer (International Harvester) would be illegal as a per se antitrust violation, and, if so, whether that illegality would preclude the enforcement of Nassers’ claim for damage for the alleged breach thereof by International Harvester. The trial court decided both of these issues in favor of International Harvester.

Reviewing first those facts which, for the…