Nester v. Continental Brewing Co.

Citations

• 161 Pa. 473
• 29 A. 102
• 1894 Pa. LEXIS 719

Syllabus

<p>[Marked to be reported.]</p> <p>Contract in restraint of trade — Combination to prevent competition— Public policy — Brewers.</p> <p>Where a number of persons engaged in the same business within the same territory enter into an agreement the object of which is purely and simply to silence and stifle all competition among themselves, the agreement is in restraint of trade, and void as against public policy.</p> <p>If it appears that such a combination is injurious to the public, the courts will not stop to inquire as to the degree of injury inflicted, nor whether the restraint be general or partial, nor will they consider the form and declared purpose of the combination.</p> <p>A combination among brewers to prevent competition among themselves in the sale of beer is illegal.</p> <p>One member of an illegal combination in restraint of trade cannot enforce a claim against the other members of the combination, where his cause of action is based upon the illegal agreement.</p> <p>In such a case the assignee of the plaintiff stands in no higher right than his assignor, as notice of the character of the combination is in the channel of his title.</p>