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Lumley v. Wagner

42 Eng. Rep. 687 (1852)

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Lumley v. Wagner

Lord Chancellor’s Court

42 Eng. Rep. 687 (1852)

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Facts

Johanna Wagner (defendant) contracted to sing exclusively for Benjamin Lumley’s (plaintiff) theatre for one season. Subsequently, Covent Garden, a rival theatre, convinced Wagner to break her contract with Lumley and sing for that theatre instead. Lumley demanded that the court issue an injunction prohibiting Wagner from singing at Covent Garden or any other theatre without Lumley’s permission. Wagner countered that the court could not issue an injunction preventing her from performing because that was equivalent to issuing an injunction requiring specific performance, which was beyond the court’s power. The trial court granted the injunction, and Wagner appealed.

Rule of Law

Issue

Holding and Reasoning (St. Leonards, L.C.)

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