Shulton, Inc. v. Apex, Inc.

The defendants, operators of large retail establishments, appeal from a superior court summary judgment enjoining them from knowingly and wilfully advertising, offering for sale and selling any products bearing the plaintiff’s trademarks at less than the minimum prices stipulated in the fair-trade contracts which the plaintiff had duly entered into with other retailers doing business in this state.

Heretofore one of these defendants unsuccessfully challenged the constitutionality of our Fair Trade Act, G. L. 1956, chap. 12 of title 6, as applied to nonsigners of price maintenance contracts.…