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Lumley v. Wagner

Lord Chancellor's Court

42 Eng. Rep. 687 (1852)

Relevant factsFree

Johanna Wagner (defendant) contracted to sing exclusively for Benjamin Lumley's (plaintiff's) theatre for one season, but rival theatre Covent Garden persuaded her to breach that contract and perform there instead; Lumley sought an injunction barring Wagner from singing at Covent Garden or any other theatre without his permission, and Wagner argued such an injunction was functionally equivalent to impermissible specific performance. The trial court granted the injunction, and Wagner appealed.

IssueFree

Whether a court of equity may impose a negative injunction on an individual, preventing her from doing something.

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