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TMI Blog1939 (5) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... company have carried on business since 1920 as chemical merchants. Until 1933 their business had been confined 1o industrial chemicals. In that year they entered into a contract for the purchase of agricultural chemicals which, it was provided, were to be sold only in certain parts of i he country, the sellers undertaking to debar all their other buyers from selling the same chemicals in those par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion for the of loss that business ; and, thirdly, that the £ 4,500 was paid by way of compensation for sterilisation of a capital asset. It was further argued that the appellants had, by the contract, established for themselves, not only a source of supply, but also a market; that the sale of agricultural chemicals was a new and profitable field; and that in view of the sellers' agreeme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en Berghs, Ltd. v. Clark. The appellants could always have sold agricultural chemicals, and they can still do so. The contract was made in the ordinary course of their business, although in a new field, and the exclusion of competition is an ordinary incident of such contracts and not, as it seems to me, analogous to a pooling agreement. It is clear that the dictum of Rowlatt, J., in Chibbett v. R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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