McElhone v. Geror

Stone, Justice.

Suit for injunction. From the order overruling his demurrer to the complaint (the trial judge having certified the question as important and doubtful), defendant appeals.

Plaintiff and defendant are competitors in the retail grocery trade. The complaint alleges that defendant was selling goods “at less than the cost thereof, for the purpose and with the effect of injuring competitors and destroying competition, including the business of this plaintiff.” The relief sought is an injunction, under L. 1987, c. 116, as amended by L. 1989, c. 403 (“An act to define and prohibit unfair…