Buckingham Corp. v. Ewing Liquors Co.

305 N.E.2d 278 (1973)

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Nature of the Case

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Facts

P filed a complaint against Ewing (D) for violation of a fair trade contract for the sale of Cutty Sark scotch whiskey. That agreement provided that Cutty Sark shall not be sold advertised or offered for sale at prices below the prices stipulated by P and that on December 13, 1971, D sold a fifth of Cutty Sark at a price of $5.99 vs. the authorized price of $6.59. D filed an answer to the complaint and P filed a reply to D's answer and attached an affidavit of Herbik, an employee of P, a letter from P to all liquor retailers regarding amended fair trade prices effective December 1, 1969, and a page form the Illinois Beverage Journal reproducing P's letter to all retailers. At the hearing, P entered evidence of a private detective buying the product at $5.99. The managing editor of the Journal was called next and stated the facts regarding the mailing of his Journal and that D was on the list but that he had no personal knowledge of whether D had received his copy. The fair trade agreement was then introduced, and a retailer acknowledged his signature on the agreement. Herbik, the marketing director of P testified as to the signature of Gallagan, P's vice president and then the fair trade agreement was introduced into evidence. Herbik also testified that Gallagan had told him that he signed it; that was stricken as hearsay, but on cross the same evidence was introduced again by D and thus admitted. P prevailed, and D appealed.