State ex rel. Malone v. Fleming Co.

The opinion of the court was delivered by

Hoch, J.:

The appellant company, defendant below, was enjoined from advertising, offering for sale, and selling cigarettes at less than cost, in violation of the Unfair- Practices Act (G. S. 1947 Supp., 50-401 to 50-408, inch). It appeals from orders overruling its motion to dissolve the temporary injunction, overruling its motion to strike part of the petition and to make the petition definite and certain, and overruling its demurrer to the petition.

*724The petition, unverified when filed on April 29, 1947, follows:

“Plaintiff for its cause of action…