WINCHESTER-WESTERN DIVISION v. GIBSON DAKOTA, INC.

No. 10450.

160 N.W.2d 413 (1968)

WINCHESTER-WESTERN DIVISION OF OLIN MATHIESON CHEMICAL CORPORATION, a Virginia Corporation, Plaintiff and Appellant, v. GIBSON DAKOTA, INC., a South Dakota Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

On Rehearing August 16, 1968.


Attorney(s) appearing for the Case

Costello, Porter, Hill, Banks & Nelson, Rapid City, for plaintiff and appellant.

Bottum & Beal, Rapid City, for defendant and respondent.


RENTTO, Judge.

Plaintiff as the producer of firearms bearing the trademark "Winchester", entered into a written contract with the defendant, a retailer of such articles in Rapid City, South Dakota, under our Fair Trade Law, SDC Ch. 54.04, providing minimum retail resale prices below which the retailer would not sell such articles. In this suit plaintiff claims that the defendant violated that agreement by selling such articles at less than their minimum prices and...

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