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Lumley v Wagner

[1852] De GM & G 604

Case summary last updated at 04/01/2020 14:56 by the Oxbridge Notes in-house law team.

Judgement for the case Lumley v Wagner

 A singer Johanna Wagner, Df, entered into a simple contract to perform at Her Majesty’s Theatre, for a period of three months, covering a certain number of nights and nowhere else during that period. Question was whether a court ought to grant an injunction ordering specific performance of the defendant to sing at Her Majesty’s Theatre and nowhere else. The court held that it can issue an injunction barring her to abstain from the commission of an act which she has bound herself not to do, lest she break the contract. However this can be distinguished from specific performance since, although D was prevented from singing for other people, she was nevertheless not coerced into singing for L. 

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