Am.  Jour.  Pharm. 
July,  1902. 
Magnesium  Citrate. 
345 
to  do  not  contravene  this  doctrine  in  the  least,  but  hold — and  no 
doubt  justly — that  a  mere  purchase  of  goods  marked  to  be  sold  at 
a  certain  price  only  is  not  sufficient  evidence  of  the  assent  of  the 
vendee  to  the  terms  printed  on  the  wrapper. 
In  other  words,  the  late  cases  merely  affirm  the  good  old  rule 
that  a  man  cannot  be  held  for  a  breach  of  contract  unless  it  can 
first  be  proved  that  he  expressly  or  impliedly  assented  to  the  terms 
of  the  contract. 
The  N.A.R.D.  plan  has  received  a  setback  in  the  decision  of  the 
Georgia  Supreme  Court  in  the  Jacobs  conspiracy  case.  This  was 
a  suit  brought  by  Joseph  Jacobs,  of  Atlanta,  against  the  local  asso- 
ciation for  conspiracy  to  prevent  him  from  obtaining  goods  from 
jobbers.  The  court  in  its  decision  affirms  the  old  common-law 
doctrine  that  any  combination  to  maintain  prices  is  illegal,  and  that 
contracts  designed  to  make  such  combinations  effective  are  void, 
as  against  public  policy. 
The  general  tendency  of  courts,  however,  as  shown  by  the  case 
of  Garst  vs.  Harris  mentioned  above  and  other  cases,  is  to  relax 
the  strictness  of  the  common-law  doctrine  of  contracts  in  restraint 
of  trade,  and  it  is  hardly  probable  that  the  Georgia  decision  will  be 
universally  followed. 
In  addition  to  the  cases  above  mentioned,  several  others  of 
interest  are  pending  in  several  States  and  will  receive  mention  when 
decided. 
THE  STERILIZATION  OF   SOLUTION   OF  MAGNESIUM 
CITRATE.1 
By  Herbert  J.  Watson. 
This  solution  should  have  first  place  among  those  which  are  en-^ 
titled  to  rank  among  the  preparations  of  elegant  pharmacy.  With 
the  proper  manipulations,  in  which  a  complete  destruction  of  the 
deleterious  microscopic  organisms  is  affected,  this  solution  may  have 
this  position. 
Some  contend  that  the  use  of  heat  injures  the  flavor,  but  this 
contention  is  not  founded  on  any  statements  that  have  been  pub- 
lished, so  far  as  the  author  is  aware. 
xRead  at  the  Delaware  Pharmaceutical  Society,  June  5,  1902,  and  com- 
municated by  the  author. 
