Mead Johnson & Co. v. Chester Discount Health & Vitamin Center

Opinion by

Mr. Justice Musmanno,

The plaintiff, Mead Johnson & Company, sought in the Court of Common Pleas of Delaware County an injunction to prevent the defendant Chester Discount Health and Vitamin Center, Inc., from selling the plaintiff’s products at prices less than those designated in a contract which the plaintiff had entered into with other dealers in Pennsylvania, thus invoking the machinery of the Pennsylvania Pair Trade Act (Act of June 5, 1935, P. L. 266, as amended, 73 P.S. §§7, 8).

The defendant filed preliminary objections averring that the plaintiff’s fair trade contract does…