Grogan

Action for damages growing out of the alleged violation of a contract. Demurrer to complaint sustained; no amendment being made or filed, judgment in defendant’s favor for costs, from which plaintiff appeals.

The complaint avers that plaintiff is a manufacturer of pure olive oil sold for food and other purposes; that he has copyrighted certain designs and words which are placed upon every bottle, guaranteeing its purity; that by reason of extensive advertising and rewards offered to anyone establishing its impurity, a large demand has been created for this brand of oil; that attached to every bottle, can, or parcel of said oil offered for sale is the following notice: “The goods contained in this case are sold on the condition, which is made a part of the consideration for the sale of these goods, that the purchaser, if he retails these goods, will maintain my fixed retail selling price on them; and that if he wholesales them, he will sell them subject to this same condition. My fixed retail selling price for Purity olive oil is $1.35 per can for the half gallon size and $2.50 per can for the gallon size.” That defendant, a grocer, purchased of plaintiff a quantity of oil, each…