Broxmeyer v. Polikoff

Oliver, P. J.,

The question for determination is whether, under the Pennsylvania Pair Trade Act of June 5, 1935, P. L. 266, a retailer has a right of action against a competing retailer who has knowingly sold trade-marked products at less than the price therefor stipulated in contracts entered into pursuant to section 1 of the act.

Plaintiffs and defendant are competing retail druggists, engaged in business in the same neighborhood in Philadelphia. In their bill of complaint plaintiffs allege that the producers of certain trade-marked commodities entered into written contracts, pursuant to the…