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

Lumley (P) entered into a contract with Wagnor (D) for her to sing for three months at P's theatre. The contract called for D not to enter into other contracts with other theatres during the running of P’s contract. D then entered into a deal with Gye to sing at his theatre for more money. P sued and asked that D be restrained from violating or committing any breach of the last article of the agreement; D was not to sing anywhere else during the contract without the written permission of D. P asked the court that Ds be restrained from violating or committing any breach of the contract. P got an injunction from the Vice Chancellor. D appealed.

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