I. Covenants not to Compete in the Distribution and Franchise Contexts
A. Common law
1. Dyer’s Case, 2 Henry V, fol.5, pl. 6 (1414)
a. 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.
b. Hull, J. declared: “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.”