The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-13
COURT OF ARBITRATION.

In the case OF c. r. Holtz against Renaud
Francois Co., the following opinion was rendered
by T.. L. Fancner, arbitrator The defendants are
the importers and sole agents in the United States
OF a celebrated wine. known as Piper HeidsiecE
champagne. on the "a October, 1874, they &C
CO. ted, in letter TO the plaintiff Of that date, an
offer 10 allow him specified discount, 10 DC de.
ducfed IRON the statement OF sales. IN case pre-
scnbed quantity or the wine was purchased by ta Q
plaintiff Ia each SIX months, aud under the con
dlti6n that the plantir should observe his agree
ment not 10 sell tue vine for less than fourteen
per cent discount on the gross price at which the
same vas sold ~ the Geiendants. The plaintiff
agreed 20 these terms, and in a letter 10 the de.
PENDANTS accepting the same, uses tnIs language
~ hereby agree not 70 sell any ripper HeidsIeck
for less fourteen per cent OF Of long price.n
sno tly atter the arrangement thus made tha
piantin issued printed circular. which was
headed as follows:-"ImpOrtant TO all Wholesale
wine and liquor dealers IN the United States, N
regard 70 the future price oithe celebrated Piper
Hcidseck champagne. imported By hessrs
Renauld, FRANCOIS Co, In New YORK. In inc
circular the PLAINTIFF, among other things, states
"that this ne will not be sold at lower rate
taan fourteen per cent on tue gross price or $685.
gold, for quarts. and f27, gold, Tor puts; but 4
hose wine merchants and grocers VINO DO not
feel disposed 10 make contract with Aessrs
o., A.
In six monts Will give me their orders Tor tnls
vine will sell all other popular brands OF cham
payne twenty seven ceBis, gold, on . case below
Tny regular prices, which are, as ~ ~ wel known
the cheapest in the markcLm The circular
further sia'es 'that the same allowance wal be
made % the trace not only on cnampagnes but on
every bill o. goods, the buyer taxes from me one
pasket Piper HedsiecE Tor the standard prcon
80 soon "a the issuing OF the circular was known
10 the DEFENDANTS they complained 20 the piatntin
OF liz, and ed to MI any iurtner orders OF his
Tor the wine. ON tue I5tn October, 1874 tue
MI aan An ord a
Considerable quantity OF tue wine, ACCOMPANIED
With the necessary amount Of gold 70 par for H.
but the gold was refused ana the defendants de-
clined 10 hl the order Immediately tbat tue de-
PENDANTS saw The circuIar o. the paInun they In
formed MIN. IN writing, tnat the samo was Ia con.
nIct with the terms ana eondu ons of the arrange.
ment 70 which tue plainitn hud agreed, aud IN
consequence thereof they should tnencefortn de-
cline tue execution q bis orders for the vine.
me platntin was Ia consequence obliged 20 pur-
chase ne vine Tor his Gust. mes rom JoSOers
course, at rates that deprived him Of
the discount he would have had ander tae ar
ranQement with nc defendants lie brings thts
action for damages thus sustained. lie insists
that In all safes OF feldseck ne mas strictly adhered
to ais agreement ana tHat hls circular was In
tended TO advertise and make custom Tor his other
goods, at even profit on the rates II specifies.
But the facts or the case overthrow the pain-
t,1-s srgumenr II is plain that the circular il
calculated to draw attention to tae device BY
which the Piper Heidsieck champagne could b. pur-
chased OF the pialntin under advantages which, IN
fact, though not In form, would secure tee pur-
chase st less tnan established rates. The manifest
[
CURED Of the plaIntn vas so tDat other customers
OF the defendants should stand upon an equal foot
ing with him, II was breach ~ the spirit 81 the
agreement to resort to contriysnce Dy winch
such Other dealers with the defendants
| would be put TO a disadvantage. One OF the fun
oamentsl 9xioms applicable 20 the Interpretation
or contracts Is 10 cOnstrue them according 20 the
intent OF The parties. There can DO no mlsunder.
standing as 10 the intent Of the arrangement be-
tween these parties; ana there ~ as little doubt
tnat the circular OF the paintn was q device TO
ev8de IL. IL would not port win correct prtn.
| ciplos 20 upuoid that when the psnun
insists IA defensiblt. II the plGlnlln Ia.
tended 20 avail himself OF the beneht OF the
arrangements with the defendants he should
have lived up to ~ Ia good faith, that the pur-
p0se OF the arrangement 20 Tar a. concerned the