Quality Oil Co. v. E. I. Du Pont De Nemours & Co.

The opinion of the court was delivered by

Fatzer, J.:

This was an action for a declaratory judgment that the Kansas Fair Trade Act (G. S. 1949, 50-301-310) is unconstitutional as applied to nonsigners of contracts entered into pursuant to its provisions. An actual controversy existed between the parties, and the action was filed to obtain an early determination of the question since it is of statewide public interest and importance. As G. S. 1949, 50-306 was interpreted by plaintiff, it was entitled to a decree holding the statute unconstitutional for various reasons alleged in the petition; as…