Proceedings of the National Wholesale Druggists' Association Annual Meeting Volume 26

Proceedings of the National Wholesale Druggists' Association Annual Meeting Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... becomes a party to a contract by accepting goods with notice of the conditions of sale. If the Supreme Court sustains the ruling of the Superior Court in this matter, it seems to us that it will not be difficult for owners of trade-marked goods to protect retail prices. We think that the courts will recognize that the most subtle kind of infringement is the use of trade-marked goods in advertising for the purpose of selling other similar goods." The form of notice used by the Phenyo-Caffein Co. reads as follows: "CONTRACT. For and in consideration of the per cent deducted from the full retail price allowed by the Pheny0-Caffein Company, the vendee, or retailer, hereby agrees that he will not sell nor allow any one in his employ to sell, directly or indirectly, Pheny0Caffein, 25-cent size, for less than 25 cents a single box, five boxes for $1.00, twelve boxes for $2.25, nor the ten-cent size for less than the face price. "The vendee, or retailer, further agrees that if he violates the terms of this contract he will pay to the Phenyo-Caffein Company the sum of $60, that sum being the agreed amount that the Phenyo-Caffein Company would be damaged by a breach of this agreement. This clause as to the amount of damages is inserted because it is recognized and agreed that a breach of this agreement would cause the Phenyo-Caffein Company to suffer a material loss, and also that it would be very difficult and usually impossible to prove the exact amount of such loss. "The vendee, or retailer, further agrees that the acceptance of said goods. with the notice of the conditions of sale, shall be held to be an assent on his part to the foregoing terms, and an agreement with the Phenyo-Caffein Company to sell subject to the...
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Product details

  • Paperback | 136 pages
  • 189 x 246 x 7mm | 254g
  • United States
  • English
  • black & white illustrations
  • 123697297X
  • 9781236972972