Sklaroff v. Sklaroff

Citations

• 263 Pa. 421
• 106 A. 793
• 1919 Pa. LEXIS 445

Syllabus

<p>Contracts — Réstraint of trade — Burden of proof — Reasonableness —Evidence—Equity—Findings of fact.</p> <p>■ 1. An agreement in restraint of trade, which is limited in either space or time, is prima facie good.</p> <p>, 2. Whether or not such an agreement is unreasonable is a question of fact, and ordinarily the burden of proof thereof is upon him who alleges it.</p> <p>3. The courts cannot decide, as a matter of law, that an agreement in restraint of trade is unreasonable, where it is limited to the. State of Pennsylvania and New Jersey, and those to be protected are engaged in a wholesale business in interstate commerce in the markets of the United States, Canada and Europe.</p> <p>4. Where there is evidence sustaining the facts found by the trial judge, and they are approved by the court below, this court will not reverse those findings unless clear and plain error has been shown.</p>