Lumley v. Wagner – Case Brief
Lumley v. Wagner, 42 Eng.Rep. 687 (1852).
Facts: Lumley (P) contracted with Wagner (D) for her to sing at Lumley’s theater for three months. Under the contract, Wagner promised not to perform at other theaters while under the contract without written consent. The defendant subsequently arranged to sing at Gye’s theater for more money.
Lumley sued and sought an injunction preventing Wagner from performing at other theaters. The trial court granted injunctive relief for the plaintiff and Wagner appealed.
Issue: Can injunctive relief be used to enforce a promise not to render personal services?
Holding and Rule: Yes. Injunctive relief can be used to enforce a promise not to render personal services.
The court cannot compel specific performance to render personal services, but it can grant the remedy of injunctive relief to prevent a party from performing personal services. The court can compel the defendant to abstain from those acts she promised not to commit under the contract.
Disposition: Relief granted.
Notes: This case is an example of the use of injunctive relief to enforce a negative covenant in a contract.
See also: Paradine v. Jane; and Taylor v. Caldwell.