Hood v. Legg

The issue as to whether the covenant is reasonable was properly considered by the auditor as a question of law, and he properly made a finding of law on that question. It was error for the court to rerefer that issue to the auditor with the direction to make a finding of fact; and the court also erred, after the auditor had filed his finding of fact on that question, in submitting such finding to the jury for determination. From the earliest times in England down to the present time in this country, courts have uniformly ruled that the reasonableness of such a covenant 'is a question for the…