SALE PRICE MAINTENANCE 
457 
S 
and 
obbing, wholesale, and retail distributers, including the 
■s, and in furtherance of its refusal to sell goods either 
ing at less than the suggested resale prices, or to dis- 
o other distributers at less than the suggested resale 
pon those cards, bearing the names of such distributers, 
rable—Price-Cutters,” “Do Not Sell,” or “D. N. S ” the 
Do Not Sell,” or expressions of a like character, to indi- 
ular distributer was in the future not to be supplied with 
on account of failure to maintain the suggested resale 
unt of failure to discontinue selling to dealers failing 
lggested resale prices. When the company has received 
ances, statements, promises, or similar expressions, as 
f distributers which satisfy it that such distributers will 
suggested by it, and discontinue selling to distributers 
. the resale prices suggested by it, it has issued instruc- 
record,” or directions of a similar import, notation of 
the cards, and it has thereafter permitted shipments of 
made to such distributers; and such distributers to 
■e thus allowed to go forward constitute the company’s 
dected” jobbers, wholesalers, and retailers; and no dis 
ced on such card record as one to whom goods are 
ward who fails to maintain the resale prices suggested 
itributers failing to resell at such suggested price; and 
olesaler, or retailer is reported as failing to maintain 
1 prices, and has been entered in the card records as 
lents should not go forward, respondent notifies those 
s, and retailers who supply the distributer of this fact, 
! specialty salesmen, and gives similar notices to such 
. >, and retailers and to its specialty salesmen when rein- 
le in its list of “selected” jobbers, wholesalers, and 
i the view of the court, constituted a scheme to 
iral flow of commerce and the freedom of com- 
"'lannels of interstate trade.” If a trader would 
of the Beech-Nut Company he was constrained 
suggested” prices. If he failed to do so he was 
;; >rted either by special agents of the company or 
and to be enrolled upon a list known as “Un- 
Cutters” to whom goods were not to be sold 
e reinstated only when their record was “clear.” 
urse of conduct a court may infer,” they said.