Court Court of Chancery | ||
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Citation(s) [1852] EWHC (Ch) J96, (1852) 64 ER 1209, (1852) 5 De Gex & Smale 485 Similar Lumley v Gye, Bettini v Gye, Poussard v Spiers and Pond, Anglia Television Ltd v Reed, C Czarnikow Ltd v Kouf | ||
The nonperformance lumley v wagner lumley v gye
Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract.
Contents
Lumley v wagner 1852 1 de gm g 604 42 er 687 1843 60 all er rep 368
Facts
Mlle Johanna Wagner was engaged by Benjamin Lumley to sing exclusively at Her Majesty’s Theatre on Haymarket from 1 April 1852 for 3 months, two nights a week. Frederick Gye, who ran Covent Garden Theatre, offered her more money to break her contract with Mr Lumley and sing for him.
Sir James Parker granted an injunction to restrain Mlle Wagner. She appealed.
Judgment
Lord St Leonards LC, in the Lord Chancellor’s Court, held the injunction did not constitute indirect specific performance of Wagner’s obligation to sing. So an order could be granted that prohibited Mlle Wagner from performing further other than at Her Majesty's Theatre.