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" We are not aware of any rule of law which makes the motive of the covenantee the test of the validity of such a contract. On the contrary we suppose a party may legally purchase the trade and business of another for the very purpose of preventing competition,... "
Report of Committee on General Laws Relative to Combinations Commonly Known ... - Page 300
by New York (State). Legislature. Senate - 1889
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The Federal Reporter, Volume 122

Law reports, digests, etc - 1908 - 1118 pages
...the motive of the covenantee the test of the validity of such a contract. On the contrary, we suppose a party may legally purchase the trade and business...depend upon its reasonableness as between the parties." Added force to these suggestions is found in the more recent case, decided in the United States Supreme...
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Atlantic Reporter, Volume 57

Law reports, digests, etc - 1904 - 1164 pages
...the motive of the covenantee the test of the validity of such a contract. On the contrary, we suppose a party may legally purchase the trade and business...depend upon its reasonableness as between the parties. Combination between producers to limit production and to enhance prices are or may be unlawful, but...
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The American Reports: Containing All Decisions of General ..., Volume 60

Isaac Grant Thompson - Law reports, digests, etc - 1888 - 974 pages
...the motive of the covenantee the test of the validity of such a contract. On the contrary we suppose a party may legally purchase the trade and business...depend upon its reasonableness as between the parties. Combinations between producers to limit production and to enhance prices are or may be unlawful, but...
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The New York Supplement, Volume 3

Law reports, digests, etc - 1889 - 1064 pages
...degree that but little, if any, of it is left. In Match Co. v. Kotber, 106 NY 473, 13 NE Rep. 419, it was held that "a party may legally purchase the...consideration, will depend upon its reasonableness as bet ween the parties." It was also held that a restraint of trade was not general, but partial, though...
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Cases Argued and Decided in the Supreme Court of the United States ..., Book 33

United States. Supreme Court - Law reports, digests, etc - 1890 - 1182 pages
...objection. Diamond Match Co. v. Roeber, 9 Cent. Вер. 181, 106 NT 473. Competition in trade or business. l to the defendant the property so purchased, de«cribed...the margin. ' By the Constitution of Pennsylvania o its validity, if supported by a consideration, depends upon its reasonableness as between the parties....
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A Treatise on the Law of Private Corporations: Divided with ..., Volume 2

Thomas Carl Spelling - Corporation law - 1892 - 812 pages
...prices, is detrimental to the public and consequently unlawful."2 1 In Diamond Match Company v. Eoeber, 106 NY 473, it was held that a party may legally purchase...for the very purpose of preventing competition, and that the validity of the contract, if supported by a consideration, will depend upon its reasonableness...
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Contractual Limitations: Including Trade Strikes and Conspiracies and ...

Charles Andrew Ray - Antitrust law - 1892 - 580 pages
...if entered into for good reasons such as to afford fair protection to the purchaser of a business.' A party may legally purchase the trade and business...for the very purpose of preventing competition, and its validity, if supported by a consideration, depends upon its reasonableness as between the parties.'...
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American Cases on Contract: Arranged in Accordance with the Analysis of ...

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1894 - 762 pages
...the motive of the covenantee the test of the validity of such a contract. On the contrary, we suppose a party may legally purchase the trade and business...depend upon its reasonableness as between the parties. Combinations between producers to limit production and to enhance prices, are or may be unlawful, but...
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Trusts, Pools and Corners as Affecting Commerce and Industry: An Inquiry ...

James Stephen Jeans - Corporations - 1894 - 210 pages
...agreements having the tendency to diminish competition or affect production and prices are illegal. ' A party may legally purchase the trade and business...another for the very purpose of preventing competition.' (Diamond Match Co. v. Roeber, 106 NY, 473.) ' Excessive competition may sometimes result in actual...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 86

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1894 - 774 pages
...the plaintiff. It does not appear that there was any contract obliging the defendant to that course. A party may legally purchase the trade and business of another for the purpose of preventing competition, and the restraint of trade caused thereby is not, we think, unreasonable....
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