August 31, 2025
Lumley v Wagner [1852] EWHC Ch J96 (26 May 1852)
Opera singer Johanna Wagner contracted to sing exclusively for Lumley's theatre but then agreed to perform for a rival. The court granted an injunction preventing her from singing elsewhere, enforcing the negative stipulation, despite being unable to compel specific performance. Facts The claimant, Benjamin Lumley, was the lessee of Her Majesty’s Theatre. He entered into a contract with the defendant, Johanna Wagner, a celebrated opera singer, for her to perform exclusively at his theatre for a three-month period. A key term of the agreement was a negative stipulation, stating that Mdlle. Wagner would not use her talents at any other
