Wagner (1852) 5 De. See supra p. 106. The bill in this suit was filed on the 22d April 1852, by Benjamin Lumley, the lessee of Her Majesty's Theatre, against Johanna Wagner, Albert Wagner, her father, and Frederick Gye, the lessee of Covent Garden Theatre: it stated that in November 1851 Joseph Bacher, as the agent of the Defendants Albert Wagner and Johanna Wagner, came to and concluded at Berlin an agreement in writing in the French … Facts Johanna Wagner (defendant) contracted to sing exclusively for Benjamin Lumley’s (plaintiff) theatre for one season. She breached her contract and intended to sing at another opera. Lumley sued. May a court enforce a negative injunction on an individual, preventing her from accomplishing something she indirectly contracted not to do? Under her employment contract, Lumley prohibited Wagner from performing elsewhere during the season. Facts: Wagner contracted to sing in Lumley's theatre for a fixed period. White and Carter (Councils) Ltd v McGregor, https://en.wikipedia.org/w/index.php?title=Lumley_v_Wagner&oldid=909366759, Creative Commons Attribution-ShareAlike License, This page was last edited on 4 August 2019, at 23:23. Rep. 687 [1852] Date decided 1852 Facts. Lumley v. Wagner. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. JISCBAILII_CASE_CONTRACT Neutral Citation Number: [1852] EWHC Ch J96(1852) De GM & G 604; 42 ER 687 IN THE HIGH COURT OF CHANCERY 22, 26 May 1852 B e f o r e : Lord Chancellor Lord St. Leonards. She appealed. We are looking to hire attorneys to help contribute legal content to our site. Thank you and the best of luck to you on your LSAT exam. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. Wagner agreed to sing at Gye’s theatre only. The document also includes supporting commentary from … 1. She breached her contract and intended to sing at another opera. (4th ed. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. Accordingly, Covent Garden, an opponent theater, persuaded Wagner to break her agreement with Lumley and sing for that theater instead. 1853) Torts case summary for law school. See Ford v. Jermon, 6 Phila. address. IN the written contract, there was a provision that the singer not perform at any other opera hall. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. In 1852, soprano Johanna Wagner (the niece of the famous composer) agreed to perform for three months in London at Her Majesty's Theatre, operated by Benjamin Lumley… Johanna Wagner (defendant) agreed to sing exclusively for Benjamin Lumley’s (plaintiff) theatre. G & S 485 as to contracts of personal service beyond the case where there exists, as there did in Lumley v. Wagner (1852) 5 De. 3. 6 (Dist. Yes. LUMLEY V. WAGNER. The document also includes supporting commentary from … Lumley v. Gye, 118 Eng. Lumley (Plaintiff) entered into a contract with Miss Wagner for her to sing for three months at Plaintiff’s theatre. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. Lumley v. Wagner-A classic case involved an opera singer, Joanna Wagner, who was under contract to sing for a man named Lumley for a specified period of years -A man named Gye, who knew of this contract, nonetheless "enticed" Wagner to refuse to carry out the agreement, and Wagner … Lumley v Wagner Facts An opera singer was restrained by injunction from singing from LAW MISC at University of New South Wales She contracted with Mr Lumley that she would sing at his theatre for a certain period of time. For the development of the Lumley v. Gye doctrine which held a stranger to a contract liable in tort for "maliciously inducing" its breach, see Prosser on Torts 929 et seq. Even where there is no satisfactory remedy at law, a court of equity will, for the most part, will not particularly implement a personal services contract. So an order could be granted that prohibited Mlle Wagner from performing further other than at Her Majesty's Theatre. Case, the court establishes that it might enjoin Wagner from performing further other at! That Wagner would break her contract and intended to sing at Lumley ’ s opera any time be in. Had been on the other foot you are automatically registered for the 14 day,! A term in the written contract, there was a provision that the singer perform... Of luck to you on your LSAT exam LSAT Prep course Workbook will begin to download upon confirmation of email! 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