Craft v. McConoughy

Citations

• 79 Ill. 346

Syllabus

<p>1. Contract—when in restraint of trade, is void, on the ground of public policy. A contract entered into by the grain dealers of a town, which, on its face, indicates that they have formed a partnership for the purpose of dealing in grain, but the true object of which is to form a secret combination, which would stifle all competition, and enable the parties, by secret and fraudulent means, to control the price of grain, costs of storage and expense of shipment at such town, is in restraint of trade, and consequently void on the ground of public policy.</p> <p>2. Equity—will not aid a division of the profits of an illegal transaction between associates. Where parties have entered into a contract in restraint of trade, and therefore contrary to public policy, a court of equity will not lend its aid to require an account of profits and a division thereof, although the contract has been executed.</p>