Ar-Ex Products Co. v. Capital Vitamin & Cosmetic Corp.

ALDRICH, Chief Judge.

This case presents the narrow question whether plaintiff-appellant, a manufacturer who under local law could otherwise enforce fair trade agreements against a nonsigner, General Electric Co. v. Kimball Jewelers, Inc., 1956, 333 Mass. 665, 132 N.E.2d 652, is precluded from so doing because as a matter of regular procedure it replied to individuals inquiring as to the availability of its goods not only with information about local retail outlets, but with offers to sell directly to them in retail quantities.

Although plaintiff’s power to bind signers and nonsigners to the…