Walsh v. Association of Master Plumbers

• Decision Date: 16 December 1902
• Citation: 71 S.W. 455,97 Mo. App. 280
• Parties: WALSH v. ASSOCIATION OF MASTER PLUMBERS OF ST. LOUIS, MO., et al.
• Court: Missouri Court of Appeals

71 S.W. 455

97 Mo. App. 280

WALSH v. ASSOCIATION OF MASTER PLUMBERS OF ST. LOUIS, MO., et al.

Court of Appeals at St. Louis, Missouri.

December 16, 1902.

MONOPOLIES — REGULATION OF PRICES — PLUMBERS' ASSOCIATION—BOYCOTT—EXISTING REMEDY—INJUNCTION.

1. Under the direct provisions of Rev. St. 1899, c. 143, art. 2, § 8978, an agreement between a plumbers' association and dealers and manufacturers, whereby the latter agreed not to sell supplies to others than members of the association, and the former to boycott any dealer found selling to a nonmember, entered into for the purpose of fixing prices and limiting the production of such articles, was unlawful.

2. Rev. St. 1899, c. 143, art. 2, § 8978, declares agreements to regulate prices or control or limit trade illegal. Section 8982 provides that it is the purpose of the article to furnish an additional remedy for the control and restraint of pools, trusts, and conspiracies in restraint of trade. Held, that any remedy existing before the enactment of the above was not taken away or abridged by section 8979, which makes it the duty of the attorney general and the prosecuting attorneys under his direction to institute proceedings to restrain such illegal agreements.

3. Injunction will lie to dissolve an illegal agreement between a plumbers' association and dealers and manufacturers, whereby the latter agree not to sell to others than members of the association, and the former to boycott any dealer found selling to a nonmember, and to restrain the enforcement of such agreement against a plumber who, by reason thereof, has been unable to purchase supplies with which to do his work.

Appeal from St. Louis circuit court; H. D. Wood, Judge.

Injunction by Joseph E. Walsh against the Association of Master Plumbers of St. Louis, Mo., and others. From a judgment for defendants on sustaining a demurrer to the bill, plaintiff appeals. Reversed.

The following is the petition, omitting caption: "Now this day comes the plaintiff in the above-entitled cause, and, by leave of court first had and obtained, files this, his amended bill. Plaintiff states that the said Association of Master Plumbers of St. Louis, Missouri, is composed of the following named persons, who are members thereof, to wit: [The names of 300, or more, persons and firms, carrying on the trade of master plumbers in the city of St. Louis, are then set forth.] That the defendant F. A. Brandt is the president of said association, and that J. J. McNary is the assistant secretary, and Phillip Schmitt is the secretary of said association. Plaintiff states that the defendants, viz., L. M. Rumsey Mfg. Co., Rumsey-Sikemeier Co., Cahill-Swift Mfg. Co., the National Plumbing Supply Co., N. O. Nelson Mfg. Co., Western Brass Mfg. Co., and Crane & Co., are corporations organized under the laws of this state, and are engaged in the manufacture and sale of goods and materials known as `plumbers' supplies,' with offices and places of doing business in the city of St. Louis, Missouri. For cause of action plaintiff states that he is, and has been for a long time, engaged in the business of plumbing in the city of St. Louis, and has complied with the state and local laws, and has been and is a duly licensed and registered plumber; that he has expended much money and time in learning the trade of plumbing and acquiring business and trade in St. Louis, Missouri, and that by years of devotion to his said business and trade the plaintiff had established for himself a substantial and profitable business, which he carried on successfully for many years until about the year 1899. Plaintiff states that these defendants (the said members of the Association of Master Plumbers and the said dealers and manufacturers) have entered into an understanding and combination in writing, combining and conspiring together against this plaintiff and all other plumbers in this city who are not members of said Association of Master Plumbers, whereby it is agreed and understood by and between these said master plumbers that these said dealers and manufacturers in and of plumbers' supplies would not and should not sell to any master plumber any plumbers' supplies unless said master plumber desiring to buy said supplies was or first became a member of said Master Plumbers' Association, and, in order to more effectually enforce said agreement and carry out and further said conspiracy, said Master Plumbers' Association and the said members thereof agreed and threatened to boycott any dealer found selling to a nonmember of the said Master Plumbers' Association, and thereby tried to force and compel this plaintiff to join said Master Plumbers' Association, and become a party to said conspiracy and combination, which this plaintiff refused to do; and, solely for the reason that this plaintiff refused to join and become a member of said Master Plumbers' Association and become a party to said unlawful combination, conspiracy, agreement, and understanding, and refused to thereby aid and assist these defendants in their unlawful undertaking to create and maintain a monopoly for the purpose of controlling the business of plumbing in St. Louis, Missouri, and to control the price of plumbers' supplies in said city, and to limit and restrict the sale of said supplies as aforesaid, these defendants have for a long time in the past refused, and now refuse, to sell or permit to be sold to this plaintiff, or any other person in the city of St. Louis, any of said plumbers' supplies; that said supply dealers and manufacturers, in furtherance of their part of said wrongful agreement and conspiracy against this plaintiff, and to more effectually carry out and accomplish the purpose of said combination, entered into an agreement and understanding among themselves and with said master plumbers whereby it was agreed and understood that, if any one of said dealers should sell or permit to be sold any of said supplies to any plumber or other person in the city of St. Louis, Missouri, who did not belong to said Master Plumbers' Association, said dealer or manufacturer should be fined therefor the sum of $250. Plaintiff states that said conspiracy and combination entered into and carried on, and now being carried on, was and is for the purpose of limiting competition and restricting trade and raising and controlling the prices of plumbers' supplies in the city of St. Louis. Plaintiff states that by reason of the aforesaid secret, wrongful, and unlawful agreement, understanding, combination and conspiracy among and between these defendants, plaintiff has for more than one year next before the filing of this suit been denied by these defendants the right and privilege to buy said plumbers' supplies of the kind necessary and requisite with which to carry on his said business and trade of plumbing, and has been obliged to forego and abandon contracts to do plumbing where he could have earned large profits, but for the wrongful interference and restraint put upon him by these defendants. Plaintiff states that on divers occasions he has gone to the various supply houses owned and managed by defendants, and offered and desired to purchase plumbers' supplies, tendering the market price therefor, and that he needed said supplies and material in order to finish and do plumbing that he had contracted and agreed to do, and that defendants refused to sell to him said goods at any price, stating as their reason for so refusing to sell said supplies that he (meaning plaintiff) did not belong to said Master Plumbers' Association, and they (defendants) therefore could not sell to him (plaintiff) any goods. Plaintiff states that these defendants, conspiring and working together as aforesaid, have driven and forced this plaintiff and many other reputable plumbers almost, and in many instances entirely, out of business. Plaintiff states that by reason of this conspiracy and combination among these defendants it is useless for him to make or attempt to make and enter into contracts with his customers to do plumbing work, for the reason that he cannot buy supplies and material with which to do and complete said work and contracts. Plaintiff states that on many occasions he has purchased from these defendants supplies, and paid for the same, and upon learning that the plaintiff (or person buying said supplies) was not a member of said association, the employés and agents of defendants have compelled plaintiff (or said purchaser) to return said supplies to defendant, and in some instances the plaintiff or person buying or having bought said supplies has been assaulted, and said supplies were forcibly taken from him by the agents and servants of the defendants engaged in selling said supplies. Plaintiff states that the said Master Plumbers' Association and the said members thereof have been for a long time, and are now, engaged with said supply dealers and manufacturers in said conspiracy, combination, understanding, and agreement; that said conspiracy, combination, understanding and agreement is in violation of the laws of this state; that the same is in restraint of trade, and in violation of the rights of the plaintiff and the general public, and against public policy. Plaintiff states that by reason of the said unlawful agreement, combination, understanding, and conspiracy, and the wrongful acts of these defendants, he has been greatly injured in his business,—that of plumbing; that he has suffered great financial loss and damage by being prevented and restrained from carrying on his said business by reason of these defendants wrongfully refusing to sell and preventing him from buying goods and supplies with which to carry on his business. Plaintiff states that by reason of the aforesaid wrongful acts of these defendants plaintiff is and has been compelled to pay exorbitant and high prices for plumbers' supplies, so that he is unable to compete with these defendants in the plumbing business. Pla...