“ It has been suggested that the rule dates from a time when a covenant by a man not to exercise his own trade meant a covenant not to exercise any trade at all—every man being obliged to confine himself to the trade to which he had been apprenticed. ”

“ Although it is a principle of English law that there can be no restriction of the right of alienation of property vested in any person under an instrument, equity makes an exception in the case of a married woman, and has laid down the rule that property may be so settled to the separate use of a married woman that she cannot, during overture, alienate it or anticipate the income. ”

“ A condition in partial restraint of marriage is valid, and may be either to restrain marriage with a particular class of persons, e.g. a papist, a domestic servant, or a Scotsman, or under a certain age.
3. Restraint of Trade.—A contract in general restraint of trade is void as being against public policy. In the leading case of Mitchell v. Reynolds, 1711, 1 Smith L.C., it was laid down that “it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it on according to his own discretion and choice. ”