Note and Comment
Rood, John R, Bates, Henry M, Schroeder, Werner W, Richardson, Robert E & Reid, Hollace M
Abstract
Can a Manufacturer be Compelled to Sell? - The fight for price maintenance is not yet completely settled, despite, the decisions in Dr. Miles Medical Company v. Parks & Sois Company, and Baiter & Cie v. O'Donnell, which held invalid contracts, whether nominally of agency, or of sale, between manufacturer and wholesaler or jobber whereby the latter in purchasing agreed himself to maintain and to sell only to others who would maintain a schedule of prices established by the manufacturer. But there are more ways than one of maintaining prices. One of these is to refuse to sell to persons who do not in fact maintain the established and "recommended" schedule. Can the legislature or can the courts compel a manufacturer to sell to any-person who offers the price?
The first of these questions is suggested and the second raised for decision in the case of the Great Atlantic & Pacific Tea Co. v. Cream of Wheat Co., decided November 10, 1915, by the United States Circuit Court of Appeals for the 2nd Circuit.