Mcquaig v. Seaboard Oil Co.
| Citation | 118 So. 424,96 Fla. 275 |
| Parties | McQUAIG et ux. v. SEABOARD OIL CO. et al. |
| Decision Date | 19 July 1928 |
| Court | United States State Supreme Court of Florida |
Suit by the Seaboard Oil Company against T. J. McQuaig and others. From an order overruling demurrer to plaifntiff's bill and from an order refusing to quash temporary restraining order, named defendant and his wife appeal.
Affirmed.
Syllabus by the Court
Contracts not limiting production or controlling prices are not void as in restraint of trade, if reasonable and limited as to time space, and extent. Contracts which do not limit production or control or fix the price of commodities embraced in it, and which are reasonable in terms, and limited as to time, space and extent of trade, will not be declared void as being in restraint of trade.
Other assignments examined, and found to be without support in the record.
Agreement to use plaintiff's products exclusively for ten years in filling station constructed by plaintiff held not void 'restraint of trade.' Contract wherein plaintiff oil company agreed to build and equip a filling station on defendants' land and to sell petroleum products to defendants at lowest dealers' market prices, and defendants agreed to use plaintiff's petroleum products exclusively for ten years in station so constructed, held not void as being in 'restraint of trade.'
Appeal from Circuit Court, Marion County; W. S. Bullock, judge.
Hampton & Greene, of Ocala, and Parker & Parker, of Tallahassee, for appellants.
Julian Hartridge, of Jacksonville, for appellees.
In September, 1925, appellants and the Seaboard Oil Company entered into a certain contract, the salient features of which were that the Seaboard Oil Company agreed to build and equip a filling station on appellants' lands located on the Silver Springs road near Ocala, Fla., and to sell them (appellants) petroleum products at lowest dealers' market prices for distribution in the territory where said filling station was located. The appellants agreed to use Seaboard Oil Company's petroleum products exclusively for ten years in the station so constructed, and to sign the usual agreement for that purpose.
In June, 1927, appellants entered into a contract with Ocala Sales Company to lease the said filling station and lot on which the same is located for a period of seven months, at a monthly rental of $150. In January, 1928, the Seaboard Oil Company filed its bill to restrain appellants or its agents from using the said filling station for any other use than the exclusive sale of its petroleum products as contemplated in the contract of September, 1925, as here referred to. A temporary restraining order...
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