CONTRACTS - PARTIAL ILLEGALITY - CONTRACT IN RESTRAINT OF TRADE

Authors

Abstract

The plaintiff contracted to transfer his law business, property used in connection therewith, and good will to the defendant and to refrain from practicing law within the state until the time set for payment of the balance of the contract price. The balance not having been paid at maturity, the plaintiff brought an action on the contract, alleging full performance on his part. The defendant demurred on the ground that the contract constituted an illegal restraint of trade under Oklahoma statutes which declare that agreements in restraint of trade upon selling the good will of a business are void to the extent that they exceed the county limits of the particular locality. Okla. Comp. Stat., 1921, secs. 5071-5072. The court in overruling the demurrer held that the contract, although indivisible, having been fully performed by the plaintiff was enforceable to the extent that it was legal, since the illegal part did not go to the root of the agreement. Wesley v. Chandler (Okla. 1931) 3 Pac. (2d) 720.

Recommended Citation

CONTRACTS - PARTIAL ILLEGALITY - CONTRACT IN RESTRAINT OF TRADE, 30 Mich. L. Rev. 1111 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss7/14