Katz v. Kapper
California Court of Appeal
44 P.2d 1060 (1935)
- Written by Abby Roughton, JD
Facts
J. Katz (plaintiff) had an established wholesale fish business in Los Angeles, California. Sam Kapper and others (collectively, Kapper) (defendants) owned a competing wholesale fish business. Katz sued Kapper in California state court, alleging that Kapper had tried to ruin Katz’s business and deprive him of his customers and goodwill. Katz claimed that Kapper had (1) threatened Katz’s customers that the customers would be driven out of business if they continued buying fish from Katz, (2) promised Katz’s customers substantially reduced prices if they purchased fish from Kapper, and (3) opened a store that advertised and sold fish at prices so far beneath wholesale prices that the store was operating at a loss, all for the sole purpose of driving Katz out of business. Katz alleged that as a result, many of his customers stopped doing business with him and began purchasing fish from Kapper instead. Kapper filed a demurrer to Katz’s complaint. The trial court found that Kapper’s alleged conduct was not actionable and sustained the demurrer. Katz appealed to the California Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Shinn, J.)
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