Fowle v. Park,
Annotate this Case
131 U.S. 88 (1889)
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U.S. Supreme Court
Fowle v. Park, 131 U.S. 88 (1889)
Fowle v. Park
Argued April 17, 1839
Decided May 13, 1889
131 U.S. 88
APPEAL FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE SOUTHERN DISTRICT OF OHIO
A contract relating to a patent medicine which communicates its ingredients in confidence, and provides in substance that the parties shall enjoy a monopoly of the sale of it, each within a defined region in the United States, and that it shall not be sold below a certain rate or price, is not unreasonable or invalid as in restraint of trade.
On the facts stated in the opinion, held that the defendants sold the balsam within the prohibited territory, or to those by whom to their knowledge it was to be there sold, and that as the record disclosed violations of the contracts in these respects, the cause should have gone to a master to state an account.