Herriman v. Menzies

Citations

• 115 Cal. 16
• 46 P. 730
• 1896 Cal. LEXIS 964

Syllabus

<p>Association of Stevedores —Validity of Contract — Restraint of Trade—Monopoly.—A contract which provides for the formation of an association between several firms and individuals engaged in the business of stevedoring in the city of San Francisco, under the name of the Master Stevedore’s Association, to govern and control the business of master stevedores, to be carried on by its members, and to divide the profits and losses of the business so carried on, for a period of years, and to fix a schedule of prices or charges for any and all work as stevedores to be done by its members, who are each required to conform to such schedule, and to render statements of the business done by each at stated intervals, and to pay a certain sum as liquidated damages for violating any provision of the contract, is not void as being in restraint of trade, nor as in effect creating a monopoly, there being nothing to show that the parties to the contract by the combination of their business interests are in the control of that business in San Francisco to an extent to enable them to exclude competition therein, or control the price of such labor or business.</p> <p>Id.—Definition of Monopoly.—A monopoly exists where all or nearly all of an article of trade or commerce within a community or district is brought within the hands of one man or set of men, so as to practically bring the handling or production of the commodity or thing within such single control, to the exclusion of competition or free trafilo therein, and anything else than this is not a monopoly.</p> <p>Id.— Contract for Monopoly, when Unlawful. — An agreement, the purpose or effect of which is to create a monopoly, is unlawful, if it relate to some staple commodity or thing of general requirement or necessity, and not something of mere luxury or convenience.</p> <p>Id.—Validity of Reasonable Combinations to Regulate Prices__ Combinations between individuals or firms for the regulation of prices and of competition in bu