Duff v. Russell
Superior Court of New York City
14 N.Y.S. 134 (1891)
Russell (defendant) agreed to sing soprano for Duff's (plaintiff) opera company for two seasons, performing seven times a week, with Duff supplying costumes; the contract said nothing explicit barring Russell from performing elsewhere. At the end of the second season, Russell refused to perform for Duff and instead agreed to sing for a rival company, claiming the required tights were unhealthy - though she had worn them without complaint before, and had recently written Duff offering to perform, tights included, if he raised her pay. Duff could not find a replacement of comparable skill and reputation for the rest of the season and obtained a preliminary injunction barring Russell from performing for the rival; Russell appealed.
Whether a party breaching a personal-services contract may be enjoined from providing like services under another contract when the contract contains no explicit clause prohibiting such future agreements.