Shubert Theatrical Co. v. Rath

271 Fed. 827 (1921)

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Nature of the Case

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Facts

P entered into a written agreement with Ds by the terms of which P engaged them to render their exclusive services to it for a period of one year commencing from September 1, 1919. It was further provided that the P had an option for the theatrical year beginning September 1, 1920, and ending September 1, 1921, provided P gave notice of its desire to exercise such option prior to July 1, 1920. If P exercised the option, the agreement provided for a pay raise. P exercised the option agreement but Ds advised P that they refused to perform according to their agreement, and it appears that they have contracted with a rival manager to appear in a production to be presented in a rival theater in the city of New York. P sued seeking injunctive relief from Ds performing for any managers other than P, or from performing in any other theater or place of public amusement, or in any other company, except that of the P, until the expiration of the term mentioned in the agreement. P got the injunction and Ds appealed.