Opinion
No. 44747.
June 20, 1939.
CONSTITUTIONAL LAW: Motor fuel and fuel oil — price posting statute — noninfringement on contract right — nondiscriminatory. The statute, providing that every seller of motor vehicle fuel or fuel oil shall post prices and sell at not less than such prices, does not infringe on right of contract or unjustly discriminate against motor vehicle fuel dealers.
Appeal from Sioux City Municipal Court. — BERRY J. SISK, Judge.
Information was filed against the defendant, who was engaged in the selling of petroleum products, charging that he sold motor vehicle fuel at a price which deviated from the price posted by him at his place of business, in violation of section 5093-f4, Code of Iowa, 1935, as amended by chapter 136, Acts of the Forty-seventh General Assembly. Defendant's demurrer to the information attacking the constitutionality of the statute was sustained. The case was dismissed and the defendant discharged. The State has appealed. — Reversed.
Fred Everett, Attorney General, Jens Grothe, Asst. Attorney General, and Maurice E. Rawlings, County Attorney, for appellant.
Carlos W. Goltz, for appellee.
The decision in this case is ruled by our decision in State v. Woitha, 227 Iowa 1, 287 N.W. 99, in which the questions of fact and of law are identical with those in this case. The judgment is therefore reversed. — Reversed.
MITCHELL, C.J., and HAMILTON, SAGER, STIGER, HALE, and MILLER, JJ., concur.