Opinion
October 23, 1957.
PRESENT: Condon, Roberts, Andrews and Paolino, JJ.
SUPREME COURT. Equity Proceedings. Moot Questions. After hearing in superior court a preliminary injunction was granted enjoining respondent from selling gasoline below prices fixed in a so-called "fair trade" contract and, on an agreed statement of facts, the court certified certain questions to the supreme court. Following certification complainant furnished supreme court with a copy of a notice issued to all its gasoline dealers in the state that it had suspended its "fair trade" prices for gasoline. Held, that in these circumstances court was of the opinion that between the parties the questions certified had become moot and, such being the case, would decline to answer them.
BILL IN EQUITY seeking an injunction against the respondent. After hearing in superior court and entry of a preliminary injunction the parties signed an agreed statement of facts and, upon request, the superior court certified three questions to the supreme court. Questions certified having become moot court declined to answer them and ordered papers in the case returned to superior court.
Francis I. McCanna, Tillinghast, Collins Tanner, Harold E. Staples, Edwin H. Hastings, Herman J. Schmidt, John J. Scott and H. Francis Shattuck, Jr., of New York Bar, H.G. Gilbert, of Massachusetts Bar, for complainant.
Leo Patrick McGowan, John P. Bourcier, for respondent.
This is a bill in equity to enjoin the respondent from selling gasoline bearing the complainant's trade name below the prices fixed in a contract between the complainant and another dealer. The respondent has not signed a similar contract but he has knowledge of the prices fixed in the signed contract. After a hearing in the superior court a preliminary injunction was granted, and the parties then signed an agreed statement of facts and asked that court to certify to us three questions. Such request was granted.
Since the case was heard here, complainant has furnished us with a copy of a notice issued to all its gasoline dealers in this state that it has suspended its "fair trade" prices for gasoline in this state. In these circumstances we are of the opinion that between these parties the questions certified have become moot and, such being the case, we decline to answer them.
The papers in the case are ordered sent back to the superior court.