Kadis v. . Britt

It is correctly stated in 17 C. J. S., Contracts, sec. 240,. that “the distinction drawn between contracts in general and in partial restraint of trade by which the strict early common law rule invalidating all restraints was relaxed was subsequently replaced by the test of the reasonableness of the restraint.” But it must be added that this test must be applied against a public policy which has come to recognize exceptions to the general rule. Contracts in partial restraint of trade do-not escape the condemnation of public policy unless they possess qualifying conditions which bring them…