Supreme Court of New Hampshire.
CORNING GLASS WORKS
v.
MAX DICHTER COMPANY, Inc. and Man-Bur Sales, Inc.
Argued May 4, 1960.
Decided May 31, 1960.
Rehearing Denied June 27, 1960.
Headnotes
**570 *506 Petition, for injunction under the provisions of the New
Hampshire Fair Trade Law, RSA ch. 357. After the issuance of an ex
parte temporary injunction, the defendants moved to dismiss on the
grounds that the statute was unconstitutional and filed an answer
setting up various defenses in the alternative and seeking vacation of
the temporary injunction and dismissal of the petition.
The plaintiff contends that it is entitled to a permanent injunction
because defendants have sold its fair traded products in violation of
RSA ch. 357. The defendants claim that this statute is
unconstitutional because in conflict with Pt. I, Art. 15th, Pt. II,
Art. 5th and Pt. II, Art. 83 of the Constitution of the State of New
Hampshire. It is also defendants' position that plaintiff's fair trade
contracts are unenforceable for lack of consideration; that they do not
comply with the statute because they are not contracts between a vendor
and his vendee; because they provide for unilateral amendment; and
because they contain exceptions not provided for in the statute. The
defendants further assert that the plaintiff has waived or abandoned
any rights which it may have had under its fair trade contracts or is
precluded from enforcing them because it has permitted retailers to
give cash discounts or trading stamps in connection with the sale, at
fair trade prices, of its fair traded products. The plaintiff denies
that these defenses operate to deprive it of its right to injunction.
The parties have agreed upon the following facts:
(1) The plaintiff is a corporation duly organizedand existing under
the laws of the State of New York with a principal place of business in
Corning, New York. The plaintiff is registered to do business in this
state.
**571 (2) The defendant, Max Di