Publisher's Synopsis
Excerpt from Cases on Restraint of Trade, Vol. 2
Writ of debt was brought on an obligation Of one John Dier, in which the defendant declared upon a certain indenture which he set forth, on condition that if the defendant did not use his art of dier's craft within the town where the plaintiff, etc., for a certain time, to wit, half a year, the Obligation should lose all force, etc., and said that he did not use his art of dier's craft in the time limited, which he averred and prayed judgment, etc.
Hull. In my Opinion you might have demurred upon him, that the obligation is void, for that the obligation is against the common law, and by God, if the plaintiff were here, he should go to prison until he paid a fine to the king.
Strange. We aver that the defendant has used his art for a time, to wit vii days, within the time limited by the condition, and the others to the contrary.
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