John D. Park & Sons Co. v. Hartman
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Kentucky. The plaintiff below is a manufacturer of certain proprietary medicines, the chief of which is the well-known article called “Peruna.” This, together with other preparations, he puts on the market through a system of contracts intended to maintain prices. Thus it is averred that he sells only to jobbers or wholesalers at uniform prices with a discount varying according to quantity.
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Appeal from the Circuit Court of the United States for the Eastern District of Kentucky. The plaintiff below is a manufacturer of certain proprietary medicines, the chief of which is the well-known article called “Peruna.” This, together with other preparations, he puts on the market through a system of contracts intended to maintain prices. Thus it is averred that he sells only to jobbers or wholesalers at uniform prices with a discount varying according to quantity. Bach such jobber is required to sign a written agreement to sell only to retailers whose names shall be furnished by…
1Opinion of the CourtEurton, Circuit Judge
The system of contracts by means of which the complainant proposes to retain control of all sales and resales of its goods is not unique. It was first applied to commodities made under patents or productions covered by copyright. According to one of the averments of the bill, the same system of contracts has been generally adopted by the wholesale and retail druggists of the United States. But this, we take it,' means no more than it has been adopted as a plan for maintaining prices and controlling sales of proprietary medicines, a business which amounts to more than $60,000,000 annually.…
2Cases cited62 opinions
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
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3Cited by46 opinions
- Waring v. WDAS Broadcasting Station, Inc.Supreme Court of Pennsylvania · 1937
- Coca-Cola Bottling Co. v. Coca-Cola Co.District Court, D. Delaware · 1920
- Shellmar Products Co. v. Allen-Qualley Co.Court of Appeals for the Seventh Circuit · 1936
- Grogan v. ChaffeeCalifornia Supreme Court · 1909
- Macbeth-Evans Glass Co. v. General Electric Co.Court of Appeals for the Sixth Circuit · 1917
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