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Shubert Theatrical Company v. Rath

United States Court of Appeals for the Second Circuit
271 Fed. 827 (1921)


Facts

Shubert Theatrical Company (Shubert) (plaintiff) entered into a contract with Rath and other acrobats (defendants) for the defendants’ exclusive appearance in Shubert’s performances for one year in exchange for certain payments, with Shubert having an option for the defendants’ service for another year provided that Shubert give notice by July of the first year. Shubert employed the option, but the defendants refused to perform and instead contracted with a different company. Shubert sued to enjoin the defendants from performing for any company other than Shubert. The district court granted the injunction. The defendants appealed, arguing that the contract was inequitable because of its lack of mutuality and that specific performance was therefore unavailable.

Rule of Law

Issue

Holding and Reasoning (Rogers, J.)

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