TRADE RESTRAINTS - COVENANTS RESTRICTING OWNER'S USE OF HIS PREMISES

Authors

Abstract

Plaintiffs and defendant were competing theatre proprietors, owning buildings on opposite sides of the street in X city. For a monetary consideration defendant covenanted to discontinue forever the use of his building as a public theatre. Plaintiffs sought an injunction upon defendant's breach, and defendant demurred on the ground that the covenant was in restraint of trade and not ancillary to any property interest conveyed and requiring protection. Held, injunction granted, for in Ohio a contract in reasonable restraint of trade is enforceable though not incidental to some other independent contract or conveyance; and, if such transaction is necessary, it was present here in a diminution of defendant's normal ownership rights. Robey v. Plain City Theatre Co., (Ohio 1933) 186 N. E. I.

Recommended Citation

TRADE RESTRAINTS - COVENANTS RESTRICTING OWNER'S USE OF HIS PREMISES, 32 Mich. L. Rev. 423 (1934).
Available at: https://repository.law.umich.edu/mlr/vol32/iss3/24