E. I. Du Pont De Nemours & Co. v. Kaufman & Chernick, Inc.

This is a suit brought in the Superior Court under the fair trade law, G. L. (Ter. Ed.) c. 93, §§ 14A-14D, to enjoin the defendant from selling at retail a trade marked product of the plaintiff at a price lower than the minimum retail price stipulated in fair trade contracts by the plaintiff. The suit was presented to a judge upon an “Agreed Statement of all the Material Facts,” and the judge at the request of the parties reported the suit to this court, without decision.

From the statement of agreed facts it appears that the plaintiff is the manufacturer of anti-freeze products known as…