Section 416.445

Title XXVI TRADE AND COMMERCE

Chapter 416

Effective - 28 Aug 1959   

  416.445.  Sales and advertisements exempt from law, when. — The provisions of sections 416.415 to 416.430 do not apply to advertisements, offers to sell or sales where:

  (1)  The sales are made in an isolated transaction and not in the usual course of business;

  (2)  The merchandise is damaged;

  (3)  The items are sold upon the final liquidation of any business;

  (4)  The items are sold for charitable purposes or to unemployment relief agencies;

  (5)  The items are sold by an officer acting under the direction of any court;

  (6)  The price of the item is made in good faith to meet the equally lower price of competition, provided however, the person charged with a violation of this section further affirmatively proves the reduction in price is not made with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, and unless such is affirmatively shown, the court shall enter its order enjoining the violation as charged.

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(L. 1959 H.B. 255 § 8)