clerk against the governor and company OF tailor OF exeter in the  exchequerchamber S c shower to bind that one shall not use his trade in a  certain place be void so be a promise or covenant without good consideration  style all Jo Bulst cro James Leon   b Danvers pl Danvers pl sander viner ab oh  viner ab Auterment don assumpsit sur bon consideration error of a judgement in  b r in debt upon a obligation condition that the defendant shall not use the  trade of a tailor in Exeter whereto the defendant plead there that he be a  expert tailor and skilful in the art thereof and the defendant pretend that  none who be not a member of their corporation ought to use that trade there do  many way vex and trouble he and he to pievent such vexation give to they the  say obligation which be contrary to law and void the plaintiff there reply  that the defendant seal and deliver the say levinz obligation as his deed and  it be adjudge in b r that the obligation not restrain the trade general but  only in a particular place videlicet Exeter be not void whereupon the  defendant there bring a writ of error in the exchequerchamber and the error  assign be only in point of law videlicet whether the say obligation be void  and after diverse argument in Trinity term and this term and also in the  follow Hilary term it be hold by all the judge that the judgement in b r be  erroneous and the obligation void for which they in Hilary terin follow  revelsed the judgement and the principal reason be that it be a penal  obligation for restrain the exercise of a trade though it be in a particular  place it be void otherwise if it have be on a assumpsit for a good  consideration not to use a trade in a particular place because in such case  all be to be recover in damage it be in the power of the jury to assess the  damage on weigh the consideration of the promise and the mischief to the party  promise but in this case the whole penalty be to be forfeit let the  consideration be what it will and let the offence be never so small as in the  case of a infant a bind or bill for necessary be void but a assumpsit be good  and some judge hold that a covenant or promise to pay a certain sum if he use  his trade be ill because that be a debt for which a action of debt will lie  but a promise upon a good consideration as for transfer his trade and shop  that he shall not use the trade in the town where he ought to use it they  allow to be good because all be uncertain and be to be ascertain by the jury  which try the cause videlicet of what value the consideration be and what d  amage the use of the trade be to the party to who the promise be make and for  authority be cite h b the opinion of hull which they say be good law and be  never deny in case of a obligation to restrain a trade in any particular place  or for a particular time as there for six month but promise in such case have  be diverse time allow to be good as the French isEt si Le dernier part deal  rejoinder per Le omission of parols devant Le signior Bradevel c the meaning  seem to be that though the latter word of the rejoinder have be omit it will  not have make the rejoinder good levinz er p all the case of Pragnell and  glass mark a assumpsit hold good but a obligation void in such case and more  pl obligation not to use a trade in nottingham void and ib pl obligation not  to use a trade in monm void owe obligation condition not to use a trade in ken  void Leon the like obligation hold void but a assumpsit upon a good  consideration hold good and Nov the same case so roll Rep and sty levinz  Pragnell against goffe it be the consideration which make the promise good all  accord and keb Tresby vers Arrowsmith the roll whereof be brou ght into court  and be enter pasch car b r rot a obligation that he shall not use a trade in  Chichester adjudge void and in hill term follow the judgmellt of b r in this  case be reverse by the unanimous consent of all the judge