Harry Rogers Theatrical Enterprises v. Comstock

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

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Harry Rogers Theatrical Enterprises v. Comstock

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

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.)

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