Mile. Johanna Wagner was not satisfied coming, on a demurrer, before Blackburn, with the advertising she received in the Quain and Archibald, JJ., the first-named action brought against her by Mr. Lumley, gentleman said : " As far as we can see, the nor was she obedient to the order of Lord failure to attend at rehearsals during the St. Leonards : she still wished to go to Gye's, six days could only affect the theatrical per and Mr. Gye still held out inducements; formances, and perhaps singing in duets or Lumley's story was that Gye, knowing that concerted pieces during the first week or Mlle. Johanna was engaged to perform at fortnight of the engagement, which is to the Queen's Theatre for a certain time, and sing in theatres, halls and drawing-rooms that she had promised not to sing or use her and concerts for fifteen weeks. We think talents elsewhere during the term without therefore, that it does not go to the root of the plaintiff's written consent, yet he (Gye), the matter so as to require us to consider it maliciously intending to injure the plaintiff a condition precedent." The Italian there in his business, enticed and procured Johanna fore got the favorable judgment of the court, to refuse to perform for plaintiff. The Court and Mr. Gye was left to seek redress by a of Queen's Bench considered this malicious cross-action for damages. (For the sake conduct of Gye's, and decided that Gye of the profession we hope he sought them.) might be sued and that an action is main (Bettini vs. Gye, 1. Q.B.D. 183.) The same tainable for maliciously procuring one to court, a very few weeks afterwards, found break his contract to give exclusive personal that the failure of Madame Poussard to be services for a time certain, equally whether ready to perform at the appointed time, the employment has commenced or is only through a serious illness of uncertain dura in fieri, providing the procurement is during tion, went so much to the root of the con the subsistence of the contract, and produces sideration that the cancellation of her en damage. (Lumley v. Gye, 2 E.& B. 216.) gagement at the Criterion, by her employers, was justifiable. This artiste was engaged by The question as to whether attending re hearsals is essential, was considered in the the world-wide Spiers & Pond to play dispute between Mr. Gye, the director of Friquette in Lecocq's opera of " Les Pres the Royal Italian Opera, London, already Saint Gervais," for three months (providing referred to, and Signor Bettini, of Milan. the opera should run so long), at £11 per These gentlemen had agreed that the latter week (requisite dresses and tights being should undertake the part of first tenor in furnished by the management) . Madame got theatres, halls and drawing-rooms for Mr. up her part and attended rehearsals; there Gye; that he should not sing anywhere out was delay in bringing out the play, and un of the theatre in the United Kingdom during fortunately, some five days before the open the engagement, without Gye's permission, ing night, she was taken ill and had to go except at places more than fifty miles from to bed. There was a consultation between London and out of the season of the theatre. the parties concerned, but the witnesses, of He also agreed to be in London without course, differed as to what was agreed thereat, However, Miss Lewis was engaged fail at least six days before the commence to study up the part and be ready to play if ment of his engagement, for the purpose of Madame should still be hors de combat. rehearsals. A temporary indisposition pre Madame was unable to attend either the vented the singer's arrival in London until final rehearsals or the first night of the per two days before his public appearance; so Gye would have naught to do with him and formance, so Miss Lewis appeared. The said the agreement was off. The Signor, opera was a success. After the fourth night however, took legal advice, and the matter Madame Poussard recovered and offered to
