Larx Co. Inc. v. Nicol

1. In our prior opinion, filed October 11, 1946 (supra, p. 1), we directed attention to the case of Pelc v. Kulentis, 257 Ill. App. 213 (supra, pp. 10, 17), where the Illinois court upheld a contract notwithstanding one of its provisions was in unlawful restraint of trade under Illinois public policy. Many other authorities support this viewpoint. In Paramount Famous Lasky Corp. v. National Theatre Corp. (4 Cir.) 49 F.2d 64, 66, this rule was expressed as follows:

"It has been expressly held that, where agreements in restraint of trade were unlawful in part, they were enforceable as to the…