Kofsky v. Smart & Final Iris Co.

This appeal is from an order granting a preliminary injunction restraining defendant from violating the Unfair Practices Act by selling cigarettes below cost with intent to injure competitors and to destroy competition.

We assume, for the purposes of this appeal only, that the record discloses the following facts:

Plaintiff and defendant were competitors in the wholesale tobacco business and in the sale of other products. Defendant sold cigarettes at less than cost in violation of the Unfair Practices Act in order to injure competitors and destroy competition. Plaintiff also had sold cigarettes…