416.445. Sales and advertisements exempt from law, when.

Sales and advertisements exempt from law, when.

416.445. The provisions of sections 416.415 to 416.430 donot apply to advertisements, offers to sell or sales where:

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

(2) The merchandise is damaged;

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

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

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

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

(L. 1959 H.B. 255 § 8)