Kennicott v. Leavitt
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Lorin C. Collins, Judge, presiding. The bill in this case, filed September 15, 1890, represents that Bruno Kennicott is a resident of Chicago, and has been engaged for twenty years in conducting theatrical and other amusements; that during the season of 1886-7 he was manager of the Windsor Theatre in Chicago, for Philip A. Lehman, the lessee; that in the spring of 1889, the theatre was destroyed by fire and a new theatre…
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Appeal from the Circuit Court of Cook County; the Hon. Lorin C. Collins, Judge, presiding. The bill in this case, filed September 15, 1890, represents that Bruno Kennicott is a resident of Chicago, and has been engaged for twenty years in conducting theatrical and other amusements; that during the season of 1886-7 he was manager of the Windsor Theatre in Chicago, for Philip A. Lehman, the lessee; that in the spring of 1889, the theatre was destroyed by fire and a new theatre was erected; that he made arrangements for the leasing thereof for five years at $46,000; that he opened negotiations…
1Opinion of the CourtWaterman, J.
It is manifest that a court of equity could not compel the complainant to act as manager of this theatre, making him “ fully competent to perform the duties of manager,” and obtain from him, against his will, “ faithful service for the artistic and financial success of the theatre.”
It is true that in some cases of engagements by actors, contracts for [personal service have been recognized and enforced to the extent of enjoining the actor from singing or playing other than at the place he had contracted so to do.
This is very far from giving to a party by decree, that performance to which, by…
2Cases cited4 opinions
- McMartin v. BinghamSupreme Court of Iowa · 1869
- Porter v. SpencerNew York Court of Chancery · 1816
- Dias v. MerleNew York Court of Chancery · 1833
- Roberts v. KelseyMichigan Supreme Court · 1878
3Cited by7 opinions
- Zannis v. Lake Shore Radiologists, Ltd.Appellate Court of Illinois · 1979
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1903
- Harley v. Sanitary DistrictAppellate Court of Illinois · 1894
- Wiegardt v. BeckenWashington Supreme Court · 1941
- Patterson v. Northern Trust Co.Appellate Court of Illinois · 1912
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