TRADE RESTRAINTS - CONSTITUTIONALITY OF STATUTE PROHIBITING PRICE DISCRIMINATION BY PURCHASERS - "ACTUAL COST'' PROVISION VAGUE AND INDEFINITE

Authors

Robert Meisenholder, University of Michigan Law SchoolFollow

Abstract

Defendant was charged with violating a statute which provided that purchasers of certain farm products for manufacture or resale should not discriminate in prices between sections and between individual sellers. The statute required the purchaser to deduct full transportation costs from the purchase price paid or to deduct the actual costs of hauling from the point of purchase to the locality of manufacture or resale. No definition of actual cost was set out. Held, two justices dissenting, the term "actual cost" was so vague and indefinite that the statute denied due process of law. State v. Northwest Poultry & Egg Co., 203 Minn. 438, 281 N. W. 753 (1938).

Recommended Citation

Robert Meisenholder, TRADE RESTRAINTS - CONSTITUTIONALITY OF STATUTE PROHIBITING PRICE DISCRIMINATION BY PURCHASERS - "ACTUAL COST'' PROVISION VAGUE AND INDEFINITE, 37 Mich. L. Rev. 1161 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss7/27