Legal Opinion · Concurrence

Maintenance Specialties, Inc. v. Gottus

Supreme Court of Pennsylvania

Decided January 25, 1974No. Appeal, 105Published

1Concurrence

*331Concurring Opinion by

Mr. Chief Justice Jones:

Although I agree with the majority opinion, I feel that amplification is necessary in this area of increasing litigation. The enforcement of restrictive covenants has been the subject of litigation for centuries. At earliest common law all restrictive covenants were considered as restraints of trade and therefore were unenforceable.1 However, as part of the development of modern commercial law, courts began to recognize that under certain limited circumstances covenants not to compete were both permissible and enforceable.2 The law in this…

2Cases cited17 opinions

  1. Morgan's Home Equipment Corp. v. MartucciSupreme Court of Pennsylvania · 1957
  2. Jacobson & Co. v. International Environment Corp.Supreme Court of Pennsylvania · 1967
  3. Barb-Lee Mobile Frame Co. v. HootSupreme Court of Pennsylvania · 1965
  4. Capital Bakers, Inc. v. TownsendSupreme Court of Pennsylvania · 1967
  5. Commonwealth v. KlickSuperior Court of Pennsylvania · 1949

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