Associated Grocers of Alabama v. Graves Co.

STAKELY, Justice.

This is an appeal from a decree of the circuit court of Marengo County, in Equity, overruling appellant’s demurrer to the bill of complaint.

This is a suit brought by certain alleged wholesalers of cigarettes under the Unfair Cigarette Sales Act. Title 57, §§ 83(1)-83 (14), Code of 1940 (1955 Cumulative Pocket Part). Section 83(2) of the cited statute provides in material part as follows:

“It is * * * declared that the advertising, offering for sale, or sale of cigarettes below cost, in the retail and wholesale trades with the intent of injuring competitors, destroying or…