v. Jewelers' Weekly Publishing Co., 155 N.Y. 241; Larrowe-Loisette v. O'Loughlin, 88 Fed. 896; that where there was a promiscuous sale of copies of an opera, the publishers could not enforce an attempted restriction that the copies sold should not be used for stage production: Wagner v. Conried, 125 Fed. 798; Savage v. Hoffmann, 159 Fed. 584; that where photographic films were sold with a restriction that the purchaser was not to resell them for export, a general publication occurred and the attempt to annex a condition as to the use of the film was vain, the court saying that "Such conditions cannot be made to accompany an article throughout its changes of ownership": Universal Film Mfg. Co. v. Copperman, 218 Fed. 577, 579. Such authorities seem to rest upon an assumed doctrine that restrictions and servitudes cannot be judicially recognized when imposed as conditions attaching to the sale of chattels: Apollinaris Co. v. Scherer, 27 Fed. 18; National Skee-Ball Co., Inc., v.Seyfried, 110 N.J. Eq. 18; Keeler v. Standard Folding Bed Co., 157 U.S. 659; see Chafee, Equitable Servitudes on Chattels, 41 Harvard Law Review 945. The most common type of case in which such restrictions have been held unenforceable is where an attempt was made by a manufacturer or the owner of a patent, trademark or copyright to fix a minimum resale price: Taddy Co. v. Sterious Co., 1 Ch. (1904) 354; McGruther v. Pitcher, 2 Ch. (1904) 306; Bobbs-Merrill Co. v. Straus, 210 U.S. 339; Park Sons Co. v. Hartman, 153 Fed. 24; Dr. Miles Medical Co. v. Park Sons Co., 220 U.S. 373; Bauer v. O'Donnell, 229 U.S. 1; Straus v. Victor Talking Machine Co., 243 U.S. 490; Boston Store of Chicago v. American Graphophone Co., 246 U.S. 8; Garst v. Hall Lyon Co., 179 Mass. 588; Garst v. Wissler, 21 Pa. Super. 532; or where there was a provision that the article sold should be used only in connection with other property manufactured by the vendor: Motion Picture Patents Company v. Universal Film Manufacturing Co., 243 U.S.
An agreement between the seller and the purchaser of personalty as to price may be valid as between the immediate parties but there is marked objection to the enforceability of such a system of restraint upon sales and prices in that they offend against the ordinary and usual freedom of traffic in chattels or articles which pass by mere delivery. National Skee-Ball Co., Inc., v. Seyfried, 110 N.J. Eq. 18. "The right of alienation is one of the essential incidents of a right of general property in movables, and restraints upon alienation have been generally regarded as obnoxious to public policy, which is best subserved by great freedom of traffic in such things as pass from hand to hand.
An agreement between the seller and the purchaser of personalty as to price may be valid as between the immediate parties, but there is marked objection to the enforcibility of such a system of restraint upon sales and prices in that they offend against the ordinary and usual freedom of traffic in chattels or articles, which pass by mere delivery. National Skee-Ball Co., Inc., v. Seyfried, 110 N.J.Eq. 18, 158 A. 736. "The right of alienation is one of the essential incidents of a right of general property in movables, and restraints upon alienation have been generally regarded as obnoxious to public policy, which is best subserved by great freedom of traffic in such things as pass from hand to hand.