Hogue v. Kroger Company

This appeal is from a declaratory decree of the chancellor. He construed certain portions of the “ Tennessee Unfair Milk Sales Act” (T.C.A. secs. 52-331 through 52-334), and declared them constitutional as applied to the facts in the instant case.

Appellants are retail grocers who give trading stamps with their merchandise, including milk. Appellee is a retail grocer who does not give trading stamps.

It was averred and admitted that appellants sell milk at their invoiced price, plus eight per cent of the invoiced price (this sum is called “cost” in the terms of the. Act), and give trading…