The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-21

Decisions Handed Down Re-
Gently by Florida's High
est Tribunal.

Samuel J. Stewart and John +
Stewart, partners as S J. Stewart q
Brother pIaintiffs in error, VS. SteaTns
& Culver Lumber Company. cOrpo-
ration. defendant in error. Santa
Rosa county. Whitfield, J.
I. The principles of the common
law when not modified by express en-
actments or rules or by the require
ments of governmental conditions, are
in force as a part of the system Of
laws and rules of judicial procedure
in this state.
,. The statutes of the state Nli-
cate a policy TO extend and cOHhrm
rather than to restrict the common
law principles relating TO restraint OF
trade and monOpOileS.
3. At common law any contract or
agreement that in its operation has
or may have a tendency to restrain
trade. to stifie competition in trade, TO
create or maintain monopoly, or 10
unuaturaIIY control the supply of or
to increase the price of or to CuTtaii
the opportunity of obtaining useful
commodities, TO the injury OF the
public or any considerable portion OF
the population of any locality, is re-
garded as contrary to just govern
mental principles and inimicai to the
DlDllC Melldlt anu AhNl NAOA oAoraAAt1-
public policy.
4. Contracts or agreements that
violate the principles designed for the
public welfare are illegal and will not
in general be enforced by the courts,
in consideration of the principle eX-
pressed in the maxim, in paTi delictO
potion est condition defendentis- the
courts will not in general aid either
party 10 enforce an Illegal agreement,
but will leave the parties where they
place themselves with reference to
such illegal agreement. except where
the law or public policy requires ac-
ton by the courts, or where the par
ties are not in paTi delictO, and other
exceptional cases.
,. All the provisions of a contract
should be considered and construed
with reference to controlling provis-
ions and principles of law. Until the
contrary appears from d contract ano
the circumstances and object of its
making, the assumption IS that the
contract was made for and Will &C
compIish only a lawful purpose; ana
no strained or unusual construction
should be given 10 contract so as to
render it unlawful
6. When it appears from a con-
tract or from its operation OF results
llidN III llS ttItuo VI III It's Iuil ODtI d
ton it is unlawful, or its operation ac-
complishes or in reality tends to ac-
complish an unlawful purpose, wneth-
eT so intended by the parties thereto
or not. the contract will not IN general
be enforced by the courts.
I Public policy favcrs competition
in trade, and opposes monopolies and
restraints upon trade in useful COM
modities where the public welfare is
inJuTiOusly affected. Agreements that
in their operation and effect tend to
facilitate, stimulate or promote trade
are regarded with favor where they
do not directly or indirectly inJure
the public.
8. Where an agreement is lawful
in itself and is so limited as to time.
place, subject-m matter and purpose as
that its operation will afford only
necessary and proper protection to
the parties IN the enjoyment of their
rights, and will not materially or
really injuTe the public, the agree
ment may be enforced, even though It
relates to and operates upon trade in
useful commodities.
9. Whether a contract in effect un
lawfully tends to restrain trade or to
monopoly cannot be ascertaineG by
any accurately defined rules. but must
Sideration of the circumstances of the
case in connection with provisions and
principles of law and construction.
The validity of the contract should be
determined by its real tendency with
reference to trade and monopoly
when in full operation.
10. Where q contract transfers a
lawful business. trade or occupations
actually engaged in, or a lawful ex-
elusive right, and as an incident
thereto it IS agreed that the vendor
will not for reasonable time engage ia
the same OF a similar business within
reasonable territory covered by the
business, and such agreement does
not for a reasonable time engage in
the same or a similar business within
reasonable territory covered by the
business. and such agreement does
not tend to restrain trade or TO a mo-
nODoly to the public injury, il may
not be contrary to public policy and
may be enforced If otherwise legal
and binding.
II. A contract not transferring
lawful business, trade, profession or
occupation actually engaged in, or
lawful exclusive right, but containing
an agreemnt 10 relinquish to another
a common right not lawfully exclu
sive. or to refrain from the exeVcise
of a right common to all TO engage in
a lawful business or occupation, and
also containing other agreements that
enable the parties. under the ciTCUm-
stances in which the contract viii Op
crate to control or UndUly and inju-
riously influence the trade relations
of a considerable portion of a small
community as to useful commodities.
may be contrary to public policy anG