Harry Rogers Theatrical Enterprises v. Comstock

225 App. Div. 34, 232 N.Y.S. 1 (1928)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
H
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Harry Rogers Theatrical Enterprises v. Comstock

New York Supreme Court, Appellate Division
225 App. Div. 34, 232 N.Y.S. 1 (1928)

KS

Facts

A theatrical performer, William H. Comstock (defendant), was under contract with Harry Rogers Theatrical Enterprises (plaintiff) for the performance of personal services. Comstock’s contract indicated that his services were unique. Comstock’s services were considered of such a caliber that the Albee-Keith vaudeville circuit would not permit a performer to substitute for Comstock. Comstock commanded the high salary of $1,000 per week. Another company, Shubert Theatrical Company, wanted to acquire Comstock’s services for an upcoming show. Shubert approached Comstock’s employer, Harry Rogers, to see whether a deal could be arranged permitting Comstock to perform or whether Rogers might be willing to transfer his contract with Comstock to Shubert. Rogers and Shubert were unable to reach an agreement, and Shubert hired Comstock to perform in the show anyway. Rogers sued, seeking an injunction to enjoin Comstock from providing services for Shubert in violation of Comstock’s contract. The lower court denied the injunction, and Rogers appealed.

Rule of Law

Issue

Holding and Reasoning (Inch, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Entertainment Law

Key Terms