Quality Oil Co. v. Du Pont & Co‪.‬

The opinion of the court was delivered by This was an action for a declaratory judgment that the Kansas
Fair Trade Act (G.S. 1949, 50-301-310) is unconstitutional as
applied to nonsigners of contracts entered into pursuant to its
provisions. An actual controversy existed between the parties,
and the action was filed to obtain an early determination of the
question since it is of statewide public interest and importance.
As G.S. 1949, 50-306 was interpreted by plaintiff, it was
entitled to a decree holding the statute unconstitutional for
various reasons alleged in the petition; as interpreted by
defendant, such a decree was not authorized. The district court
agreed with defendant's construction of the statute, and
plaintiff has appealed. The parties stipulated as to the facts, and those here
pertinent are summarized: Plaintiff, Quality Oil Company, Inc., a
Kansas corporation, is engaged in the retail sale of gasoline,
oil and related products, including Zerex antifreeze at Topeka,
Kansas, and at various other locations in the state. It purchased
a quantity of Zerex antifreeze on the open market and was selling
it at retail for $2.25 per gallon. All sales of Zerex at that
price were made at a profit.