Communication Technical Systems, Inc. v. Densmore

[¶ 44.] I dissent. , The contract between Gateway and CTS is not an agreement in restraint of trade; on the contrary, it is an agreement in furtherance of trade — because without it, CTS was apparently unwilling to continue providing its services to Gateway.

[¶ 45.] “[T]he mere fact that some restraint results does not render a contract void[.]” Lien v. Northwestern Eng’g Co., 73 S.D. 84, 92, 39 N.W.2d 483, 488 (1949). “Every agreement concerning trade, every regulation of trade, restrains. To bind, to restrain, is of their very essence.” Board of Trade of City of Chicago v. United States, 246…