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ROCKY MOUNTAIN WHOLE. CO. v. PONCA WHOLE. MERCAN. CO.

No. 6781.

360 P.2d 643 (1961)

68 N.M. 228

ROCKY MOUNTAIN WHOLESALE COMPANY, Inc., a corporation, Plaintiff-Appellee, v. PONCA WHOLESALE MERCANTILE COMPANY, a corporation, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied April 12, 1961.

Attorney(s) appearing for the Case

Iden & Johnson, Albuquerque, for appellant.

Louis C. Lujan, Albuquerque, for appellee.

NOBLE, Justice.

This appeal results from a judgment permanently enjoining and restraining appellant from selling cigarettes at less than "cost to wholesaler" as defined in § 49-3-2(i), N.M.S.A. 1953 Comp. and from violating the New Mexico Cigarette Fair Trade Act. The case was tried to the court without a jury.

The New Mexico Cigarette Fair Trade Act (§§ 49-3-1 to 49-3-14 N.M.S.A. 1953 Comp.) makes...

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