UNION CARBIDE CORPORATION v. Davis

The North Carolina Fair Trade Act, Chapter 66. Article 10, was enacted as Chapter 350, Public Laws of 1937. In Lilly & Co. v. Saunders, 216 N.C. 163, 4 S.E. 2d 528, this Court analyzed the purposes and effect of the Act. Controversy has existed over its constitutional validity. Arguments and authorities for and against are exhaustively treated in the opinion and in the dissent.

Courts must pass on constitutional questions when, but only when, they are squarely presented and necessary to the disposition of a matter then pending and at issue. Assurance Co. v. Gold, 249 N.C. 461, 106 S.E. 2d 875;…