January 12, 1918 



HORTi 



35 



NEW cc 



TOMATO 



99 



THE FINEST OUTDOOR TOMATO THE WORLD HAS EVER SEEN 



Awarded highest honors wherever exhibited. Winner of five Certificates of Merit from Horticul- 

 tural and Agricultural Societies. "Stamford Beauty" resembles the old favorite Stone Tomato, 

 but is earlier, sweeter and has a handsome color finish of deep scarlet. 



"Stamford Beauty" is a strong healthy grower, and a MOST WONDERFUL cropper, producing 

 a wealth of large beautiful smooth Tomatoes from early summer till late fall. 

 "Stamford Beauty" will give you full reward for your money and labors. Plant some this year. 



Seeds grown in 191 7, packed and sold in originator's sealed packets only. 

 Price per Packet, 2j Cents. Mailed free on receipt of price. 



AIMTMOIM 



IM 





more than two miles from bis old 

 place, but solicited orders within the 

 two-mile radius. When his old buyer 

 took him into court on an application 

 for injunction, the court said the re- 

 strictive agreement was legal and 

 would be upheld, and an injunction 

 was granted restraining the seller 

 from soliciting any business whatever 

 ' within "a radius of two miles from his 

 old stand. 



The court said this: — 



We are of the opinion that it is a 

 breach of the agreement to conduct a 

 business similar to the one transferred 

 within the radius of two miles from 

 Main and Price streets or to do acts 

 in violation of the spirit and intent of 

 the contract. The defendant cannot be 

 restrained from establishing a coal 

 yard, after the term of two years, be- 

 yond the territorial limits set forth in 

 the agreement, but the soliciting of 

 business, the selling and delivery of 

 coal to customers within the territor- 

 ial limits is carrying on business and 

 a breach of the contract. 



I am often asked, in cases like this, 

 whether the seller of a business who 

 binds himself not to re-enage in the 

 same line for a time, and within a cer- 

 tain tertitory. could fill orders that 

 came to him voluntarily from old cus- 

 tomers within the prescribed territory. 

 Of course he could, but he would have 

 to show very clearly that the order 

 did not result from some direct or in- 

 direct solicitation of his. 



So the buyer of the coal business 

 got his injunction. The buyer of the 

 manufacturing business was less suc- 

 cessful. Let us see why. In the lat- 

 ter case the selling agreement bound 

 the seller "not to engage, directly or 

 Indirectly, in the business of manufac- 

 turing or selling the same or any com- 

 peting material in the United States." 

 After a while the seller of the business 

 started in to sell a competing product 

 and an injunction was asked against 

 him. The court said no; this time the 

 agreement keeping the seller out of 

 business was not legal and wotild not 

 be upheld, because it was not reason- 

 able. Instead of keeping him out for 

 a limited time and a limited territory, 

 merely enought to give the buyer a 

 chance to get settled, it sought to keep 

 him out for all time and in the whole 

 United States. This is from the 

 court's decision: 



This restriction was not reason- 

 able. Such a contract in restraint of 

 trade is clearly unreasonable. Such a 



requirement is not at all necessary for 

 the proper protection of the rights of 

 the plaintiff and it is oppressive to de- 

 fendant. 



The restriction here is also unrea- 

 sonable in that it is unlimited as to 

 time. It is a well-settled rule of law 

 that an agreement in general restraint 

 of trade is illegal and void, but an 

 agreement which operates merely in 

 partial restraint of trade is good, pro- 

 vided it is not unreasonable and there 

 be a consideration to support it. In 

 order that it may not be unreasonable, 

 the restraint imposed must not be 

 longer than is required for the neces- 

 sary protection of the party with 

 whom the contract is made (the buy- 

 er). A longer contract, even on good 

 consideration, is held void, as being 

 too general a restraint of trade; but 

 a contract not to use a trade at a par- 

 ticular place, if it be founded on a 

 good consideration and be made for a 

 proper and useful purpose, is valid. Of 

 course, a contract not to exercise a 

 trade generally would be obnoxious to 

 the rule, and would be void. 



In Union Strawboard Co. vs. Bon- 

 field, 193 111. 420, the contract was in 

 connection with the sale of a business, 

 and a reasonable restriction was justi- 

 fied, but it was there said: "The 

 courts will not enforce any contract 

 which excludes a party generally from 

 following any lawful trade or business 

 beneficial to the community and to 

 him." 



In the case at bar, the contract in 

 restraint of trade being unlimited as 

 to time, and as to space extending 

 over the entire country, must be re- 

 garded as extending the restraint 

 further than is necessary for the rea- 

 sonable protection of the covenantee. 

 Reference to the nature and subject- 

 matter of the restriction makes its 

 unreasonableness more clearly appar- 

 ent. 



In other words, the buyer of the 

 coal business got his injunction be- 

 cause his lawyer knew the law of re- 

 straining agreements, and the other 

 buyer lost his because his lawyer did 

 not. 



(Copyright, November, 1917, by Elton 

 J. Buckley.) 



CATALOGUES RECEIVED. 



J. M. Thorburn & Co., New York.— 

 1918 Catalogue of Seeds. J. M. Thor- 

 burn & Co. were founded in 1802 and 

 that they are "still going strong" in 

 every essential quality of a representa- 

 tive substantial seed house is evident 

 from the contents of this annual cata- 

 logue, just issued. Delays and short- 

 ages in the supply of European seeds 

 are the nightmare of all the seed mer- 

 chants and Messrs. Thorburn & Co. 

 emphasize strongly the need for or- 

 dering early this year. The book com- 

 prises 160 pages. 



W. Atlee Burpee, Philadelphia, Pa. 

 — Burpee's Annual for 1918. We have 

 been interested in looking over this 

 catalogue for the reason that many 

 varieties are the shortest crops that 

 the seed business has ever known, 

 and incidentally this is the first year 

 that Burpee has cataloged everything 

 under the cental system. We note 

 that they are offering everything by 

 the pound instead of the pint, quart, 

 bushel, etc., as heretofore. Another 

 feature of the catalog this year is 

 twenty-four pages of process color 

 work. They make a special play on 

 root crops, with the idea of getting 

 the small garden planter to recognize 

 the food value of these vegetables. 

 Another feature^ is the Economy Gar- 

 den, which occupies two pages, show- 

 ing the photographs of some of the 

 demonstration gardens which they 

 conducted in some of the large cities. 

 Collections of annual flower seed are 

 illustrated in color on twenty varieties 

 for $1.00. 



Mt. Holly, N. J.— Arthur J. Collins 

 has purchased the Moorestown Nur- 

 series, formerly conducted by the late 

 Samuel C. DeCou. This property ad- 

 joins the place at present owne<l by 

 Mr. Collins. 



Donald B. MacMillan was the speak- 

 er last Thursday afternoon at the first 

 winter meeting of the season of the 

 Worcester County, Mass., Horticultural 

 Society in Horticultural Hall. Mr. 

 MacMlllau spoke on "Flora of the 

 North," illustrating his talk with 

 stereopticon views. 



ORCHIDS 



Wr (row snd |>«1I nothing hnt ORCHIDS. 

 If 70a are In the market For thin el««fl of 

 plaDtn we retiperf fnlly nollelt your Inqatiiea 

 and ordera. Special lleta on appllnmtlolu 



LAGER & HURRELL, Summit, N.J. 



