Barataria Canning Co. v. Joulian

Citations

• 80 Miss. 555

Syllabus

<p>, 1. Trusts and Combines. Price of commodities. Contract to limit. Code 1892, 2? 4437, 4438.</p> <p>A contract by which the defendant agreed to sell to plaintiff, a competing manufacturer, all the cove oysters which he should pack during certain months except three car loads per month, and stipulated that such three car loads should not be sold to the trade at a lower price than that offered to the trade by the plaintiff, is void as an agreement ‘1 to limit . . . the price of a commodity ” within the prohibition of 2? 4437, 4438, code 1892.</p> <p>2. Same. Commodity. VefmiUon. Canned oysters. Code 1892; 2 4437.</p> <p>Canned oysters, sold as merchandise, are a commodity within the meaning of code 1892, 24437, prohibiting agreements “to limit increase or reduce the price of a commodity.”</p> <p>3. Definition op Trust or Combine. Code 1892, 2 4437.</p> <p>The.words “ and is inimical to the public welfare, unlawful and a criminal conspiracy,” with which §4437, code 1892, concludes after defining what agreements shall constitute a trust or combine, are a mere declaration of the effect of the condemned agreement and not an added element of definition.</p>