Davey Bros., Inc. v. Stop & Shop, Inc.

These two bills in equity seek to restrain the defendant Stop & Shop, Inc. from advertising, offering to sell, or selling items of merchandise at less than cost in violation of the Unfair Sales Act, G-. L. c. 93, §§ 14E-14K (inserted by St. 1938, c. 410, § 1). These cases were tried together and final decrees, from which the plaintiffs appeal, were entered dismissing both bills. The judge made a report of the material facts in each case. The evidence is reported.

The evidence, which was largely uncontradicted, warranted the following findings. The plaintiff Dorey operates a retail market in…