Cases On Contracts And Combinations In Restraint Of Trade PDF Download

Excerpt from Cases on Contracts and Combinations in Restraint of Trade, Selected From the Decisions of English and American Courts, Vol. 1 of 2 Counsel for the plaintiff below, arguendo, seems to admit that the bond on which that action was brought could not be put in force for a breach after the death of the obligee: but the breach was assigned on another part of the condition, and held good. In the present case, the agreement, not being under seal, and not being divisible, if bad in part, is bad altogether. In the absence of any authority establishing the validity of an agree ment thus indefinite in point of time, and trying the reason ableness of it by the test above alluded to, we think that the restraint is larger than the necessary protection of the party in favour of whom it is given requires, and that it is therefore oppressive and unreasonable. The consideration for this agree ment appears to have been trifling; but, even if it had been much more valuable, the same result would have followed. The judgment must be arrested. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.