Oregon Steam Navigation Co. v. Winsor
Supreme Court of the United States
Error to the Supreme Court of the Territory.of Washington. The Oregon Steam Navigation Company sued Winsor et al. in one of the courts of the Territory of Washington, to recover $75,600 as stipulated damages for the breach of a certain agreement between the parties.
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Error to the Supreme Court of the Territory.of Washington. The Oregon Steam Navigation Company sued Winsor et al. in one of the courts of the Territory of Washington, to recover $75,600 as stipulated damages for the breach of a certain agreement between the parties. The complaint set forth the following facts: That in 1864, the California, Steam Navigation Company being engaged in steam and other transportation on the several routes of travel on the rivers, bays, and waters of the State of California, sold to .the plaintiff', the said Oregon Steam Navigation Company (being a company engaged…
1Opinion of the CourtJustice Bradley
It is a well-settled rule of law that ah agreement in general restraint of .trade is illegal and void; but grn agreement which operates merely in partial restraint of trade is good, provided it be not unreasonable and there be a consideration to support it. * In ordqr that it may not be unreasonable, •the restraint imposed must not he larger than is required for the necessary protection of the párty with whom the contract'is made. † A contract, even on good consideration, not to use a trade anywhere in England, is held void in that country, as being too general a restraint of trade; but a…
2Cited by156 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Associated Press v. United StatesSupreme Court of the United States · 1945
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
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