Trade Regulation -- 1962 Tennessee Survey

In Hogue v. Kroger, a retail grocer sought a declaratory judgment, under the Dairy Law of 1961, of his right to reduce the seding price of his milk (ex-trading stamps) below the statutory price by the amount of the cost of the trading stamps to a stamp-dispensing competitor. The commissioner of agriculture opposed this practice. Being responsible under the statute for enforcing compliance with the statutory price, the commissioner answered, coupling with his answer a cross-bill seeking to enjoin further sales by Hogue at the reduced cash price. The supreme court affirmed a denial of the commissioner's injunction and remanded the matter to the chancellor for "any proceedings necessary." In so doing, Justice Burnett provided guidelines for the resolution of the troublesome issue of handling trading stamps under the Dairy Act.