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FORESTALLING THE MARKET Definition & Legal Meaning

Definition & Citations:

The act of the buying or contracting for any merchandise or provision on its way to the market, with the intention of selling it again at ahigher price; or the dissuading persons from bringing their goods or provisions there; orpersuading them to enhance the price when there. 4 Rl. Comm. 158. l’.ar- ton v. Morris,10 Phila. (Pa.) 301. This was formerly an indictable offense in England, but is nowabolished by St. 7 & 8 Vict. c. 24. 4 Steph. Comm. 201, note.Forestalling differs from “engrossing,” in that the latter consists in buying up largequantities of merchandise already on the market, with a view to effecting a monopolyor acquiring so large a quantity as to be able to dictate prices. Loth forestalling andengrossing may enter into the manipulation of what is now called a “corner.”


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