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" We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large... "
The Law Students Magazine - Σελίδα 34
1849
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Τόμος 20

Massachusetts. Supreme Judicial Court - 1866 - 628 σελίδες
...Barn. & Cressw. 145, 152; 1 Chitty's PI (6th Amer. ed.) 370. i The proper question in such cases is, whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it it granted, and not so large as to interfere with the interests of the public. Ho*...

Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court - 1866 - 1222 σελίδες
...PI (6th Amer. ed.) 370 1 The proper question in such cases is, whether the restraint is such only H to afford a fair protection to the interests of the party in favor of whom it a (ranted, and not so large as to interfere with the interests of the public. Hf Mr...

The Law of Contracts

John William Smith - 1868 - 594 σελίδες
...completed. " We do not see," said Tindal, CJ, in delivering the judgment of the Court of Common Pleas, " how a better test can be applied to the question, whether reasonable or noti than by considering whether the restraint is such only as to afford a fair protection to the interests...

The Law Reports: Equity cases, before the Master of Rolls and the ..., Τόμος 9

Great Britain. Court of Chancery - 1870 - 816 σελίδες
...consideration, and, 3, reasonable—the test of whether such a restriction is reasonable being whether it is such only as to afford a fair protection to the interests of the party in whose favour it is given, and not so large as to interfere with the interests of the public: Archer...

The American Reports: Containing All Decisions of General Interest ..., Τόμος 8

Isaac Grant Thompson - 1873 - 802 σελίδες
...restriction reasonable. Upon the last requisite, TINDALL, CJ, remarks, in Homer v. Grates, 7 Bing. 743 : " We do not see how a better test can be applied to...whether reasonable or not, than by considering whether (he restraint is such only as to afford a fair protection as to the interests of the party in favor...

The Solicitors' Journal & Reporter, Τόμος 17

1873 - 1048 σελίδες
...must be reasonable, and one test of its reasonableness is the question whether the restraint imposed is such only as to afford a fair protection to the interests of tiic person in favour of whom it is given, and not so large as to interfere with the interests of the...

Principles of the Law of Contracts: As Applied by Courts of Law

Theron Metcalf - 1874 - 404 σελίδες
...and valid is to be decided, as said by Tindal, CJ, 7 Bing. 743, " by considering whether the contract is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public. Whatever...

The Central Law Journal, Τόμοι 44-45

1897 - 1116 σελίδες
...Graves, 7 Bing. 735, 743, where is is said: "The question is whether the restraint is such only ag to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere With the interests of the public. Whatever...

The American Reports: Containing All Decisions of General Interest ..., Τόμος 13

Isaac Grant Thompson - 1875 - 840 σελίδες
...KeUttgg v. Larktn, 8 Chand. 133. In Homer v. Graoei, 7 Bing. 743, TINDAL, CJ, laid down this rule ; " We do not see how a better test can be applied to...a fair protection to the Interests of the party In favor of whom it is given, and not so large as to Interfere with the interests of the public. Whatever...

Principles of the Common Law: An Elementary Work Intended for the Use of ...

John Indermaur - 1876 - 530 σελίδες
...words of Lord Chief Justice Tindal(y), who, in delivering judgment in the case cited below, said : " We do not see how a better test can be applied to the question whether this is or is not a reasonable restraint of trade, than by considering whether the restraint is such...




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