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GENERAL ELECTRIC COMPANY v. THRIFTY SALES

No. 8268.

5 Utah 2d 326 (1956)

301 P.2d 741

GENERAL ELECTRIC COMPANY, PLAINTIFF AND APPELLANT, v. THRIFTY SALES, INC., D/B/A BROADWAY MERCHANDISING COMPANY, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

September 22, 1956.

Attorney(s) appearing for the Case

Fabian, Clendenin, Moffat & Mabey, Peter W. Billings, Albert J. Colton, Spencer L. Kimball, Sanford H. Kadish, Salt Lake City, for appellant.

George E. Bridwell, Salt Lake City, for respondent.

Sherman P. Lloyd, H. Wright Volker, George L. Nelson, Charles Welch, Jr., Salt Lake City, amici curiae.

E.R. Callister, Jr., Atty. Gen., for the Trade Commission.

CROCKETT, Justice.

The district court dismissed plaintiff's petition for an injunction against defendant selling its fair-traded products at cut-rates on the ground that the Utah Fair Trade Act1 is invalid insofar as it applies to persons who have not signed any agreement under the act. Plaintiff appeals, asking us to reverse that ruling and confirm the act as valid.

The facts were agreed upon. Plaintiff (General Electric Company...

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