Dyer's Case
Dyer's case (1414) 2 Hen. V, fol. 5, pl. 26 is an old English contract law case concerning restraint of trade and the doctrine of consideration.
Facts
[edit]Mr. John Dyer had given a promise to not exercise his trade in the same town as the plaintiff for six months but the plaintiff had promised nothing in return. The plaintiff had not bothered to attend court for the hearing.
Judgment
[edit]On hearing the plaintiff's attempt to enforce this restraint, Hull J exclaimed,
In my opinion, you might have demurred upon him that the obligation is void, inasmuch as the condition is against the common law; and by God, if the plaintiff were here, he should go to prison until he had paid a fine to the King.[1]
See also
[edit]Notes
[edit]- ↑ The old French, as spoken in English courts at the time was reported as, "A ma intent vous purres avec demurre sur ley que l'obligation est voide ce que le condition est encounter common ley et per Dieu se le plaintiff fuit icy il irra al prison tanque il ust fait fine au Roy."