This section contains the nature of the case and procedural background.

Lumley (P) entered into a contract with Wagnor for her to sing for three months at P's theatre. Wagner then entered into a deal with Gye (D) to sing at D’s theatre for more money. P sued and asked that D pay for damages for maliciously interfering with his contract with Wagnor. D demurred to the complaint, and it was granted. P appealed.

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