Scottish Court of Session Decisions

Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. II.

Pactum contra Libertatem.

Stalker
v.
Carmichael

Date: 15 January 1735
Case No. No 6.

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Carmichael and Stalker entered into a co-partnery of bookselling within the city of Glasgow, to continue for three years; and because the place was judged too narrow for two booksellers at a time, it was stipulated, ‘that after the expiry of three years, either of them refusing to enter into a new contract upon the former terms, should be debarred from any concern in bookselling within the city of Glasgow.’ In a reduction of the contract, the Lords found, the debarring clause in the contract is a lawful paction, and not contrary to the liberty of the subject.—See Appendix.

Fol. Dic. v. 2. p. 19.