WHOLESALE TOBACCO DEALERS BUREAU OF SOUTHERN CALIFORNIA v. NATIONAL CANDY TOBACCO CO (1937)

This cause was consolidated with the case of Everett L. Balzer v. Donald L. Caler, Cal.App., 74 P.2d 839, for the purpose of presenting to this court the appeals.

This is an appeal from a judgment which was rendered in favor of the plaintiff by another trial judge of Los Angeles county, enjoining the defendants from selling, offering for sale, or advertising for sale, specified tobaccos and merchandise for less than invoice or replacement cost to the vendors, contrary to the provisions of section 3 of the Unfair Competition Act of California. Stats.1913, pp. 508, 509, as amended in 1935 at pages 1546, 1548, Deering's Supp. of 1935, pp. 2063, 2064, Act 8781. This cause presents precisely the same issue which were determined in the case of Balzer v. Caler, 74 P.2d 839, an opinion in which was this day filed by this court. The circumstances of the two cases are identical. The opinion in the case last cited determines all the issues on this appeal.

On the authority of the case of Balzer v. Caler, supra, the judgment in this case is reversed, and the court is directed to render judgment in favor of the defendant.

Mr. Justice THOMPSON delivered the opinion of the court.

We concur: PULLEN, P. J.; PLUMMER, J.