Porter

This appeal is from a decree enjoining appellant from selling whisky, directly or indirectly, (1) to purchasers whose orders are accepted only on condition that they also buy other beverages or commodities, (2) at prices in excess of those set by Maximum Price Regulation 445.

The first objection urged is to the finding of the trial court that distilled spirits were sold at prices higher than the maximum permitted by the regulation, whereas the parties had stipulated that “each item, itself, was within the ceiling.” However, the court found that there were tying agreements or combination sales in violation of § 7.8(b) of Regulation 445. 1 If this finding has support in the evidence, then the finding of sides at prices in excess of those allowable logically follows. We accordingly turn at once to the major contention, which is that the. finding of the existence of prohibited tying agreements or combination sales is without evidentiary support.

Appellant is a wholesale liquor dealer. In 1942, owing to a scarcity of whisky, it instituted a system of allocation on the basis of previous purchases made by customers. The court found that from February to July, 1944, in addition to the…