Jacobsen v. Anheuser-Busch, Inc.

YETKA, Justice

(dissenting).

The states are given broad police powers in regulating traffic in liquor under U.S. Const, art. XXI, § 2. Moreover, even without the passage of this act, it appears to me that plaintiffs here would have a right to recourse on the grounds that there must be some reasonable basis for denying the transfer of the franchise. The agreement between the parties itself states that An-heuser-Busch agrees to abide by both existing and future amendments to the liquor laws of Minnesota.

*876The laws, rules and regulations of the jurisdiction in which Wholesaler conducts its business, to the extent that they may now or hereafter bear upon the contractual relationships between Wholesaler and Anheuser-Busch, are hereby incorporated in this Agreement and made a part hereof.

Anheuser-Busch Wholesaler Equity Agreement § 16.

Accordingly, in my opinion, the Minnesota act ought to be upheld.