The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-05-01
HOBART NOT AFRAID.
Topeka Druggist Says He May Retail
ate ON Peruna Company.

Frank Hobart, the druggist today
said that he would have to plead guilty
to selling Peruna at a cut rate, in the
suit filed against him in the federal
court, asking for an Injunction to pre-
vent him from buying or selling that
medicine. He denies, however, the al
legations made by the Peruna COM
pany that he sold an imitation or sub
stitute medicine for Peruna and says
that he may sue the Peruna company
for damages for circulating a HbelOus
story against him.
In the suit filed against Mr. Hobart
in the federal court Samuel Hartman,
president of the Peruna company, al
leges that Peruna is sold for 81 in all
parts of the country; that Frank Ho-
bart has been selling it for less and
that in so doing he Injuries the repu-
tation and business OF the Peruna
company.
He alleges that his preparations are
put up by process which outsiders DO
not know. He alleges that he has q
contract with wholesale druggists all
over the country that they can sell his
medicine at IS a case to retail druggists
and that the druggist can not sell the
medicine for less than 81 per bottle. He
alleges that this contract has been vio-
lated by some one of the wholesale
dealers and he wants Mr.. Hobart re
strained because he alleges that the
business of the company is being 1nJur-
ed by the cut-rate prices and the con-
ditions under which they are sold at cut
rates.
The Peruna company numbers con-
secutiveIy every bottle of medicine
which is sold. The numbers of all the
bottles sold to every wholesale drug
store are taken and when Peruna is
found in cut-rate drug stores 1t IS a
simple matter to purchase bottle at
the cut-rate store and trace through
what dealers it came by taking the
number on the bottle, and comparing II
with the records.
Wholesalers who are found to be sell
ing to cut-rate dealer are blacklisted
and the PCruna company will furnish no
more of the goods to them. To protect
the wholesaler who furnishes the goods
to him, Mr. Hobart washes the labels
off the bottles and it is then impossible
to trace through what wholesaler he
bought it.
The Peruna company alleges that the
reputation of the company is injured by
supplying the public with an article
which does not bear the label, and also
allege that by selling Peruna without a
label permits Mr.. Hobart to dispose Of
an imitation instead of the genuine ar
ticle.
The Peruna people have had detec-
tives in Topeka investigating Mr..
Hobart's case, and the labelless bottles
have been sent to the factory for anal
ysis. They a1lege that Mr. Hobart has
been putting combination of stuff in
the bottles and selling it for Peruna,
and that all these things have injured
the business of the company. They ask
for an injunction to restrain Mr..
Hobart from selling the goods and for
damages in any sum the court may see
fit 1t is also understood that the Pc
runa company will later bring suit
against Mr.. Hobart for violation of the
copyright laws.
The petition of the Peruna people also
states that the company has been at
great expense in advertising and max
ing the remedy known, and that it is
entitled to all the rights and benefits to
be derived thereby.