Legal Opinion
Rocky Mountain Wholesale Co. v. Ponca Wholesale Mercantile Co.
New Mexico Supreme Court
Decided February 8, 1961No. 6781PublishedCited by 11 opinions
1Opinion of the Court
NOBLE,. Justice.
This appeal results from a judgment permanently enjoining and restraining appellant from selling cigarettes at less than “cost to wholesaler” as defined in § 49 — 3—2(i), N. M.S.A. 1953 Comp, and from violating the New Mexico Cigarette Fair Trade Act. The case was tried to the court without a jury.
The New Mexico Cigarette Fair Trade Act (§§ 49-3-1 to 49-3-14 N.M.S.A. 1953 Comp.) makes it unlawful for any retailer or wholesaler “with intent to injure competitors or to destroy or substantially lessen competition, to advertise, offer for sale, or sell at retail or wholesale,…
2Cases cited30 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Wholesale Tobacco Dealers Bureau of Southern California, Inc. v. National Candy & Tobacco Co.California Supreme Court · 1938
- Broderick v. RosnerSupreme Court of the United States · 1935
- Thomes v. Meyer Store Inc.Massachusetts Supreme Judicial Court · 1929
- Morris v. CartwrightNew Mexico Supreme Court · 1953
25 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Payne v. TuozzoliNew Mexico Court of Appeals · 1969
- Drink, Inc. v. BabcockNew Mexico Supreme Court · 1966
- Westland Development Co. v. SaavedraNew Mexico Supreme Court · 1969
- Hudson v. OteroNew Mexico Supreme Court · 1969
- Casillas v. S.W.I.G.New Mexico Court of Appeals · 1981
6 more not listed; retrieve them via the Exa API.