State Ex Rel. Clark v. Wolkoff

Dell, Chief Justice.

In this action the state seeks to enjoin the defendants from offering and selling merchandise at less than cost as prohibited by law. Following a trial without a jury, the court found that while there were advertisements and sales at less than cost, there was not the necessary purpose or effect required by statute to constitute a violation of law and that, therefore, the defendants were entitled to judgment of dismissal on the merits. Plaintiff appeals from the order denying its alternative motion for amended findings and conclusions, or a new trial.

When this action was…