Schwalm v. Holmes
California Supreme Court Jul 1, 1875 No. No. 4,677Published
Synopsis
Contbact nsr Restbaint t* Tbade.—A contract by which one party, at his own lime kiln, agrees to manufacture for another party, a certain number of barrels of lime within a given time, for which he is to receive a given sum per barrel, and which provides also that during the continuance of the agreement, the party manufacturing the lime shall not sell to any person any lime, is not illegal, as being in restraint of trade.
By the Court: The contract recited in the answer is not illegal, as being in restraint of trade. The Court erred in sustaining the demurrer to the answer.
Judgment reversed and cause remanded, with directions to overrule the demurrer to the answer.
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