Leidy v. Metz Bros. Brewing Co.

Barnes, Fawcett and Sedgwick, JJ.,

dissenting.

We are unable to concur in the majority opinion. The reasons for our dissent, briefly stated, are as follows: The opinion holds that the sale by a brewer of sealed cases, containing 24 quart or pint bottles of beer, to one not a licensed retailer of intoxicating liquors is a sale at retail, and a violation of the statutes regulating the sale of intoxicating liquors regardless of conditions or price. It defines the terms wholesale and retail in a manner quite at variance with the generally adopted meaning of those words when applied to the sale of…