125 Ky. 440 | Ky. Ct. App. | 1907
Opinion of the Court by
A firming.
The grand jury of Knox county returned an indictment against appellee, accusing “the Gibson Company, a partnership, of the offense of unlawfully
The evidence establishes the following facts: The Gibson Company conducted a general retail mercan
The statute was not designed to prohibit bona fide merchants from offering discounts or rebates to cash purchasers of their goods. A merchant, as a business proposition, might find it profitable to give a discount or rebate to persons who paid cast, withholding this
The difference between a trading stamp company conducting its business in the manner described, and that of a merchant, who, like the Gibson Company, gives a discount to purchasers, is well defined.
The judgment of the lower court, holding that the statute, did not apply to the business conducted by the Gibson Company, is affirmed.