TRADE RESTRAINTS - DUE PROCESS - INTERFERENCE WITH LIBERTY TO FIX SALE PRICE OF GASOLINE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

In 1925 the state of Iowa enacted a statute requiring all distributors of gasoline in the state, wholesale or retail, to post in plain sight the price at which they intended to sell their gasoline, setting out all taxes thereon. They were then bound to sell at this price to all buyers. Defendant was such a dealer, and although he posted the price, he failed to abide by it as to all sales and was charged with violating the statute. The lower court sustained defendant's demurrers, holding the statute unconstitutional as a denial of due process and equal protection of the law under the Fourteenth Amendment. On appeal, held, the statute is constitutional as an appropriate police regulation satisfying the requirements of the due process and equal protection clauses. State v. Woitha, (Iowa, 1939) 287 N. W. 99.

Recommended Citation

Michigan Law Review, TRADE RESTRAINTS - DUE PROCESS - INTERFERENCE WITH LIBERTY TO FIX SALE PRICE OF GASOLINE, 38 Mich. L. Rev. 1361 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss8/33