Nester v. Continental Brewing Co.
Supreme Court of Pennsylvania
Appeal, No. 30, Jan. T., 1894, by plaintiffs, Samuel K. Nester et al., from decree of C. P. No. 1, Phila. Co., June T., 1891, No. 947, sustaining demurrer to bill in equity. Bill in equity for account. The bill set forth: That during June, 1886, defendants all, with one exception, being brewers, in Philadelphia, formed aii unincorporated association, called “ The Brewers’ Association of Philadelphia,” under articles of agreement in writing.
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Appeal, No. 30, Jan. T., 1894, by plaintiffs, Samuel K. Nester et al., from decree of C. P. No. 1, Phila. Co., June T., 1891, No. 947, sustaining demurrer to bill in equity. Bill in equity for account. The bill set forth: That during June, 1886, defendants all, with one exception, being brewers, in Philadelphia, formed aii unincorporated association, called “ The Brewers’ Association of Philadelphia,” under articles of agreement in writing. That on July 22, 1886, the Enterprise Brewing Company, Limited, became a member of said association; that by statements of account rendered monthly to the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The conclusions of fact found by the learned court below were amply justified by the record. “It cannot be gainsaid that the object of this combination is to enable the forty-five brewers of Philadelphia, individuals, firms and corporations, who have entered into it, to regulate and control the sale and price of beer within the city of Philadelphia and the county of Camden, N. J. It certainly is a combination in restraint of *481trade, tending to destroy competition and create a monopoly in an article of daily consumption.”
The appellants, however, conceding…
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