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Frey & Son, Inc. v. Cudahy, 256 U.S. 208 (1921)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Frey & Son, Inc. v. Cudahy, 256 U.S. 208 (1921)
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Frey & Son, Inc. v. Cudahy No. 200 Argued March 16, 1921 Decided April 18, 1921 256 U.S. 208
ERROR TO THE CIRCUIT COURT OF APPEAL
FOR THE FOURTH CIRCUIT
Syllabus
1. When the circuit court of appeals reverses a judgment of the district court in an action at law, and the defeated party brings the case here by waiving his right to new trial and consenting to entry of final judgment against him in the circuit court of appeals, this Court must affirm if error necessitating reversal was assigned and relied upon in that court even though the ground of the decision was different and untenable. P. 210. Thomsen v. Cayser, 243 U.S. 66.
2. An agreement between manufacturer, jobber, and wholesalers to maintain resale prices need not he formal to violate the Sherman Act, but may be implied from a course of dealing or other circumstances. P. 210. United States v. Schrader’s Son, Inc., 252 U.S. 85.
3. But the mere facts that a manufacturer indicated a sales plan to wholesalers and jobbers fixing prices below which they were not to sell to retailers, and called this feature very often to their attention, and that most of them did not dissent, but cooperated by selling at the prices named, do not suffice to establish an agreement or combination forbidden by the Sherman Act. P. 211.
261 F. 65 affirmed.
Error to review a judgment of the circuit court of appeals reversing a judgment obtained by the present plaintiff in error in an action for triple damages under the Sherman Act in the district court. The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Frey & Son, Inc. v. Cudahy, 256 U.S. 208 (1921) in 256 U.S. 208 256 U.S. 209. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=4F8EMJ6W8W6JK1T.
MLA: U.S. Supreme Court. "Syllabus." Frey & Son, Inc. v. Cudahy, 256 U.S. 208 (1921), in 256 U.S. 208, page 256 U.S. 209. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4F8EMJ6W8W6JK1T.
Harvard: U.S. Supreme Court, 'Syllabus' in Frey & Son, Inc. v. Cudahy, 256 U.S. 208 (1921). cited in 1921, 256 U.S. 208, pp.256 U.S. 209. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=4F8EMJ6W8W6JK1T.
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