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Where To Buy Supergas ((TOP))


United Romanian Mkt. v. Abramson, 218 Ill.App. 577, 582 (2d Dist.1920). Accord In re McCubbin, 125 Ill.App.3d 74, 77, 80 Ill. Dec. 560, 562, 465 N.E.2d 672, 674 (1st Dist.1984) (good will of business is characterized by personal relationships and customer contacts which owner has developed); SSA Foods, 105 Ill.App.3d at 429, 61 Ill.Dec. at 311, 434 N.E.2d at 464 (where party sells established business including its name, he cannot thereafter resume label in carrying on competing enterprise).




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But a noncompetition agreement prohibiting Defendants from selling fuel anywhere in the State of Illinois for ten years was not designed to protect these elements of good will. The Chronisters have not erected their new stations across the street from the old. See Appendix. Nor are they utilizing their former trade name. Instead, Marathon's grievance centers largely around Defendants' price cutting. The affidavit of Stewart Oil's vicepresident confirms as much:


Customer loyalty in the sale of gasoline today is primarily a function of price and convenience. Plaintiff would suffer no more injury if a stranger began to compete in the manner that Defendants have. See McCook Window Co. v. Hardwood Door *442 Corp., 52 Ill.App.2d 278, 289, 202 N.E.2d 36, 42 (1st Dist.1964). It is not the Chronisters' ownership of the competing enterprises which is harming Plaintiff, but rather competition per se. Any attempt, however, to purchase away competitors in Illinois must fail as violative of the state's public policy. A noncompetition agreement ancillary to the sale of a business is generally appropriate only where competition by the former owner would impair the operation of the purchaser beyond that which would arise from the competition of an unrelated third party with similar marketing skills. Compare American Hardware, 705 F.2d at 222 (insurance business selling packaged plans has no good will). Nationwide Advertising, 14 Ill.App.3d at 526, 302 N.E.2d at 736 (advertising agency's relationship with its customers was transitory rather than permanent). This is not such a case.


In dismissing this action, the Court shall leave the parties where it found them. It is a well established rule in Illinois that when the parties to an illegal bargain are in pari delicto, "the law will not stoop to inquire whether one has gained an advantage over the other." Arter v. Byington, 44 Ill. 468, 469 (1867). Accord Stamatiou v. United States Gypsum Co., 400 F. Supp. 431, 439 (N.D.Ill.1975), aff'd 534 F.2d 330 (1976); Wiegand v. Wiegand, 410 Ill. 533, 542-43, 103 N.E.2d 137 (1951). 041b061a72


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