Supreme Court of New Jersey

Johnson & Johnson, a Body Corporate, and McKesson & Robbins, Incorporated, Plaintiffsappellants v. Charmley Drug…

March 2, 195311 N.J. 526

Summary

The Supreme Court of New Jersey affirmed the dismissal, holding that the retailer was not a signer of the minimum‑price agreement and therefore not bound by it; the Miller‑Tydings amendment does not extend its immunity to nonsigners, and no contract was formed because the retailer expressly rejected the price restriction.