Munter

Munter v. Eastman Kodak Co.

Good Law
1915 Cal. App. LEXIS 389·28 Cal. App. 660·153 P. 737
Court of Appeal of CaliforniaOctober 26, 1915Civ. No. 1349.California3,631 words

Opinion

Lead Opinion

Hart, J.

The defendant demurred to the second amended complaint in this action on both general and special grounds and the same was allowed, without leave to amend. Thereupon judgment was entered in favor of the defendant.

From the judgment so entered, the plaintiff prosecutes this appeal.

The action is for damages and purports to be based upon the provisions of section 11 of the so-called Cartwright antitrust law. (Stats. 1907, pp. 984, 987.) Said section reads as follows:

The defendant, a corporation, is and had been for some time prior to the commencement of this action engaged, in the city of San Francisco, in the business of wholesale dealing in photographic supplies, kodaks, cameras, and the usual or essential equipments thereof.

The plaintiff was for more than two years prior to the seventeenth day of January, 1911, (the alleged time at which the alleged cause of action against the defendant accrued to the plaintiff) engaged at No. 716 Clement Street, in the said city of San Francisco, in the business of selling, exclusively at retail, “kodaks, cameras, photographers’ supplies and other articles furnished and supplied exclusively by defendant to the dealers in said goods.”

The…

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