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59 Ill. App. 66

Hursen v. Gavin

Appellate Court of Illinois

Decided June 3, 1895

Appellate Court of Illinois · decided 1895-06-03

<p>1. Restraint of Trade—Contracts—Consideration.—When contracts in restraint of trade are reasonable in their nature and are supported by a valid consideration they will be enforced by the courts, and if there be a reasonable limitation only, the courts will not inquire whether the consideration is adequate in value to that which the party loses by the restraint.</p> <p>2. Same— What are Reasonable Limits.—The court is of the opinion that the territory (the city of Chicago) is not so large nor the term of five years so long as to make a contract in restraint of trade unreasonable or opposed to public policy.</p>

Cited by 1 later decisions — most recently March 1904

1 state decisions

Relies on Linn v. Sigsbee · Guerand v. Dandelet · Cobbs v. Niblo

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-06-03

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Mi?.. Presiding Justice Waterman

¶1delivered the opinion op the Court.

¶2It is immaterial whether appellee is now doing business at the place purchased from appellant or elsewhere; the contract was in effect to obtain the good will of the business and the agreement covered the city of Chicago for the term of five years.

¶3We do not think that the territory covered by the contract—the city of Chicago—is so large, or the term thereof —five years—so long, as to make it unreasonable or opposed to public policy. As to this see Green v. Price, 13 M. & W. 695; Same v. Same, 16 M. & W. 346; Davis v. Mason, 5 Term, 118; Bunn v. Gay, 4 East 190; Malian v. May, 11 M. &W. 665.

¶4The contract was not to engage in the livery and undertaking business.

¶5The business of undertaking, necessarily, is drawn from a wide range of territory.

¶6Appellee, in violation of his agreement, was about to open an undertaking business in the immediate vicinity of the place he had sold.

¶7The question as to whether a restriction of the kind now under discussion is reasonable is one of mingled law and fact.

¶8The report of the master recommending the granting of an injunction is in effect a finding that the restrictive terms of the contract are, under the circumstances, reasonable.

¶9The exceptions to the report are not applicable to this finding.

¶10When contracts of this kind are reasonable in their nature and are supported by a valid consideration, they will be enforced by the courts, and if there be a reasonable limitation only, the courts will not inquire whether the consideration is adequate or equal in value to that which the party loses by the restraint. Linn v. Sigsbee, 67 Ill. 75, and cases therein cited; Cobb v. Niblo, 6 Ill. App. 60; Guerand v. Dandelet, 32 Md. 561; More et al. v. Bennett et al., 41 Ill. App. 164.

¶11The decree of the Circuit Court is affirmed.

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