lumley v wagner

References: (1852) 1 De G M and G 604, [1852] EWHC Ch J96 Links: Bailii Ratio: A girl (under age) and her father contracted for her to perform at a theatre abroad, and later not to use her talents without the consent of her manager. IN the written contract, there was a provision that the singer not perform at any other opera hall. Rep. 687 England - 1852 Facts: P contracted with D to have her sing in his theatre for 3 months. Lumley (Plaintiff) entered into a contract with Miss Wagner for her to sing for three months at Plaintiff’s theatre. Lumley v Wagner (1852) 42 ER 687. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. He employed Johanna Wagner as a performer. 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 … She breached her contract and intended to sing at another opera. The plaintiff alleges that the singer's default is due to the defendant's wrongful actions and that special damages arising from the breach are owed. Procedural History: Lower court found for P, injunction granted. Lumley brought suit. Brief Fact Summary. videos, thousands of real exam questions, and much more. In the conveyance case, the act called for is the simple, mechanical one of executing a deed, while in the case of the personal service contract, such as that in Lumley v. Wagner, the acts to be done by the defendant are so continuous and complex that equity keeps its hands off. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Benjamin Lumley (plaintiff) operated an opera house. Facts: Lumley hired Wagner, an Opera singer, to sing for a specified time at his opera hall. See Ford v. Jermon, 6 Phila. 3. Casebriefs is concerned with your security, please complete the following, Specific Performance, Conditional Acceptance, Clarifying the Terms: The Rules on Mistake, Examining How We Agreed: Parol Evidence, Integration and Merger, When We Can’t Say Yes: Capacity and Legality, Relying on The Rules of The Road: Ambiguous Terms And Business Practice, Equitable Damages and Avoiding Injustice: Quasi-Contract and Restitution, When We Can’t Let you Do That: Unconcionability, Performing One Step at A Time: Conditions And Installments, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter. Lumley v. Gye. Why Would Money Damages Not Be Sufficient In This Case, Or Would They? You also agree to abide by our. She appealed. Under the contract Wagner was not permitted to sing or use her talents elsewhere. 1. She breached her contract and intended to sing at another opera. She contracted with a competing theatre. 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™. Wherever this Court has not proper jurisdiction to enforce specific performance, it operates to bind men's consciences, as far as they can be bound, to a true and literal performance of their agreements; and it will not suffer them to depart from their contracts at their pleasure, leaving the party with whom they have contracted to the mere chance of any damages which a jury may give. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. The case of Lumley v Wagner (1852) 1 De GM & G 604; 42 ER 687 involved Johanna Wagner, a famous German singer (and the niece of Richard Wagner). Sign in with your library card. 1971). 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. Facts: Lumley hired Wagner, an Opera singer, to sing for a specified time at his opera hall. While Lumley v. Wagner was decided in 1852 in England, it was not noticed by American courts until considerably later. Lumley v. Gye [1853] EWHC QB J73 is a foundational English tort law case, heard in 1853, in the field of economic tort.It held that one may claim damages from a third person who interferes in the performance of a contract by another. Lumley v Wagner (1852) 42 ER 687 High Court of Chancery The defendant Johanna Wagner, an opera singer, was engaged by the claimant to perform in his theatre for a period of three months. The document also includes supporting commentary from … 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. The Lumley Rule The most important doctrinal element of the jurisprudence of athletic employment contracts is not a case from athletics at all, but rather the classic English opera dispute, Lumley v. Wagner.19 German soprano Johanna Wagner, "cantatrice of the Court of His Majesty the King of Prussia,"20 signed Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. LUMLEY V. WAGNER. Lowery v Walker [1910] Lumley v Wagner [1852] Luxor v Cooper (1941) Lynes v Snaith [1899] Lyus v Prowsa Developments [1982] M v Home Office [1994] Macarthys Ltd v Smith [1979] Magill v Magill [2006, Australia] Maguire v Sephton Metropolitan Borough Council [2006] Mahesan v Malaysian Government Officers’ Cooperative Housing Association [1979] The document also includes supporting commentary from … Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. Lumley sued. This case document summarizes the facts and decision in Lumley v Wagner (1852) 42 ER 687, Court of Chancery. She breached her contract and intended to sing at another opera. Later, Covent Garden a competitor convinced Wagner to break her contract with Lumley and sing for them. Your Study Buddy will automatically renew until cancelled. 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… Yes. You have successfully signed up to receive the Casebriefs newsletter. 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. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. address. Subsequently, Covent Garden, a rival theatre, convinced Wagner to break her contract with Lumley and sing for that theatre instead. Lumley v. Oye 2 E A B 216 Lumley v. Wagner 1 DeG M & G #60& Milwaukee &o h R Co v. Kellogg 94 U S 469. 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. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. She also promised that, during this period, she would not to perform anywhere else. Lumley v. Wagner 42 Eng. It held that one may claim damages from a third person who interferes in the performance of a contract by another. Lumley v. Gye [1853] EWHC QB J73 is a foundational English tort law case, heard in 1853, in the field of economic tort. 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 … IN the written contract, there was a provision that the singer not perform at any other opera hall. Rep. 687 [1852] Relevant Facts. 5. Facts: Wagner contracted to sing in Lumley's theatre for a fixed period. Issues. Rep. 687 [1852] Date decided 1852 Facts. Defendant was an opera singer who contracted to sing at plaintiff’s opera. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. Issues. 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. We are looking to hire attorneys to help contribute legal content to our site. Please enter your library card number Unlock your Study Buddy for the 14 day, no risk, unlimited trial. Sir James Parker granted an injunction to restrain Mlle Wagner. Your Study Buddy will automatically renew until cancelled. Nonetheless, the court establishes that it might enjoin Wagner from singing for another person, particularly Covent Garden. Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Mogul S S Co v. McGregor 1892 A C 25 Morgan Y. Smith 77 N C 37 Old Dominion 1 9 Co v. McKenna 30 Fed 48 Payne v h R Co 13 Tenn 52C Pollock on Torts Rice v. Manley 66 N Y 82 Johanna Wagner (defendant) agreed to sing exclusively for Benjamin Lumley’s (plaintiff) theatre. 6 (Dist. The exercise of this jurisdiction has, I believe, had a wholesome tendency towards the maintenance of that good faith which exists in this country to a much greater degree perhaps than in any other; and although the jurisdiction is not to be extended, yet a Judge would desert his duty who did not act up to what his predecessors have handed down as the rule for his guidance in the administration of such an equity. Johanna Wagner (defendant) contracted to sing solely for Benjamin Lumley's (plaintiff) theater for one season. Gye and Wagner made an agreement that Wagner would break her contract and refuse to sing at Lumley’s theatre. Lumley sued for an injunction to prevent her fro singing elsewhere. Lumley v Wagner: 1852. In the present case, the court can't constrain Wagner to sing for Lumley. There was a term in the contract preventing her from singing for anyone else for the duration of the contract. Johanna Wagner (defendant) agreed to sing exclusively for Benjamin Lumley’s (plaintiff) theatre. 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. Wagner agreed to sing at Gye’s theatre only. Lumley sued for an injunction to prevent her fro singing elsewhere. Defendant was an opera singer who contracted to sing at plaintiff’s opera. Rep. 749 (K.B. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Wagner did not sing for Lumley however, but instead decided to sing for another party. Lumley v. Wagner. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. 1 De G., M. & G. 604, 42 Eng. 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. Lumley v. Wagner: Court Chancery Division Citation 1 De G., M. & G. 604, 42 Eng. Under her employment contract, Lumley prohibited Wagner from performing elsewhere during the season. (4th ed. The jurisdiction which I now exercise is wholly within the power of the Court, and being of opinion that it is proper case for interfering, I shall leave nothing unsatisfied by the judgment I pronounce. 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 … Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. In The Lumley V. Wagner Case, Was It Fair To Prevent Wagner From Performing Anywhere Else? Gye (Defendant) then entered into a deal with Wagner for her to sing at his theatre for more money. After a breach by Wagner, Lumley wished to enforce both of these promises through an order of specific performance. So an order could be granted that prohibited Mlle Wagner from performing further other than at Her Majesty's Theatre. In the conveyance case, the act called for is the simple, mechanical one of executing a deed, while in the case of the personal service contract, such as that in Lumley v. Wagner, the acts to be done by the defendant are so continuous and complex that equity keeps its hands off. 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. Lord St Leonards LC, in the Court of Chancery, held the injunction did not constitute indirect specific performance of Wagner’s obligation to sing. Lumley v. Gye, 118 Eng. As to what the Lord Chancellor calls "the mere chance of damages," it should be noted that Lumley v. Wagner antedated by two years Baron Alderson's celebrated attempt to provide a rational basis for damage theory in Hadley v. Baxendale. Contract; remedies for breach; injunctions; prevention of threatened breach of contract. Lumley v Wagner. Frederick Gye (defendant) operated a competing venue. 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. Chancery Division. G & S 485, express negative words. Lumley v Wagner Facts An opera singer was restrained by injunction from singing from LAW MISC at University of New South Wales Issues Although this injunction may indirectly prompt Wagner to sing for Lumley, it is not a direct court command and subsequently is allowed. Rep. 687 [1852] Date decided 1852 Facts. May a court enforce a negative injunction on an individual, preventing her from accomplishing something she indirectly contracted not to do? Wagner did not sing for Lumley however, but instead decided to sing for another party. Suppose the shoe in Lumley v. Wagner had been on the other foot. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. Frederick Gye, who ran Covent Garden Theatre, offered her more money to break her contract with Mr Lumley and sing for him. Ct. 1865). Accordingly, Covent Garden, an opponent theater, persuaded Wagner to break her agreement with Lumley and sing for that theater instead. If you are interested, please contact us at [email protected] It is true that I have not the means of compelling her to sing, but she has no cause of complaint if I compel her to abstain from the commission of an act which she has bound herself not to do, and thus possibly cause her to fulfil her engagement. 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