The nonsigning defendant will want to tell the jury about the agreement, as a way to suggest the jury cannot trust evidence proffered by the plaintiff or the signing defendant because those parties have an artificial incentive to place maximum blame on the nonsigner
. That is, the plaintiff is motivated to shift blame to the nonsigner
so as to maximize damages against the noncapped defendant, and the signing defendant is motivated to support this effort to increase the likelihood of a judgment against the signer equal to or less than the agreement's floor.
These difficulties led to the nonsigner
variations of fair trade laws, (28) which allowed a manufacturer to enter into an RPM contract with a single merchant within a state, but then permitted the manufacturer to enforce the single contract against all merchants selling that manufacturer's products within the state.
his fellow nonsigner
Elbridge Gerry, to whom "It]he proposed form
The standard applied to nonsigning preparers was the same as that applied to signing preparers even where the nonsigner
did not have the same level of information or involvement in the position at issue, leading to tension between these preparers.
Schwegmann also contained a "nonsigner
In order to solve the problem in the outschools, Kenyatta suggested that two teachers be placed in each school - a signer and a nonsigner
. Arthur rejected this suggestion,(35) but he did indicate that he was willing to meet with Kenyatta.
Had Madison foreseen the interpretation and employment of the Constitution by Hamilton and others, Banning speculates, the Virginia delegation may have had a third nonsigner
at the Constitutional Convention.
(11) In the Fair Trade period, for instance, some dealer associations were strong proponents of laws that allowed resale price maintenance, and especially, laws that included nonsigner
The Miller-Tydings bill did not include a nonsigner
clause until the McGuire Act of 1952 and received lackluster state enforcement.
Many of the original acts did not contain nonsigner
clauses but without these they proved ineffective.
The Miller-Tydings Act was later strengthened by the McGuire Act (26) that authorized states to enact so-called "nonsigner
" legislation that required all dealers selling a particular brand of a product to observe the minimum price set forth in a vertical price-fixing contract that a supplier had entered into with one or more dealers.
I wrote fair trade contracts in Ohio, whose statute had a nonsigner
clause, and elsewhere.