Shackleton v. Food Machinery & Chemical Corp.

There is no controlling authority by an Illinois court or by Illinois Statute upon the question before us for decision. Yet, the majority of this panel or division of our Court adopts a rule of law for Illinois which is based upon a dictum in Shackelford v. Hall, 1857, 19 Ill. 212. In so doing, the Court has extended the public policy of Illinois to embrace a view which is contrary to the great weight of authority.

The rule is stated in 17 C.J.S. Contracts § 233: “In the absence of contrary statutory provision, the rule against contracts in restraint of marriage does not apply to contracts in…