Home Utilities Company, Incorporated, a Body Corporate v. General Electric Company, a Body Corporate

Fourth Circuit

Home Utilities Company, Incorporated, a Body Corporate v. General Electric Company, a Body Corporate

227 F.2d 384

CourtCourt of Appeals for the Fourth Circuit

DecidedDecember 2, 1955

Docket7047

StatusPublished

Cited by6 cases

This text of 227 F.2d 384 (Home Utilities Company, Incorporated, a Body Corporate v. General Electric Company, a Body Corporate) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Home Utilities Company, Incorporated, a Body Corporate v. General Electric Company, a Body Corporate, 227 F.2d 384 (4th Cir. 1955).

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Opinion

PER CURIAM.

This is an appeal from a decree restraining a “discount” house from violating the provisions of the Maryland Fair Trade Act, Annotated Code of Maryland 1951, art. 83, secs. 102-110, by selling certain manufactured articles below the retail prices established for them by the manufacturer pursuant to the provisions of that act. The questions raised by the appeal resolve themselves into one question, viz., whether the plaintiff has exercised due diligence to protect its rights under the Fair Trade Act, or whether it is precluded from relying on the act by reason of failure to use due diligence in that regard and in its dealings with wholesalers and distributors. We think that the evidence in the case clearly supports the decision of the trial judge as set forth in his opinion which is adopted as the opinion of this court. See General Electric Company v. Home Utilities Company, 131 F.Supp. 838.

Affirmed.

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PER CURIAM.

This is an appeal from a decree restraining a “discount” house from violating the provisions of the Maryland Fair Trade Act, Annotated Code of Maryland 1951, art. 83, secs. 102-110, by selling certain manufactured articles below the retail prices established for them by the manufacturer pursuant to the provisions of that act. The questions raised by the appeal resolve themselves into one question, viz., whether the plaintiff has exercised due diligence to protect its rights under the Fair Trade Act, or whether it is precluded from relying on the act by reason of failure to use due diligence in that regard and in its dealings with wholesalers and distributors. We think that the evidence in the case clearly supports the decision of the trial judge as set forth in his opinion which is adopted as the opinion of this court. See General Electric Company v. Home Utilities Company, 131 F.Supp. 838.

Affirmed.

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227 F.2d 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/home-utilities-company-incorporated-a-body-corporate-v-general-electric-ca4-1955.

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