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THEATRE A NUISANCE
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to pay the manager of the company whose play has been booked for his theatre, he may be directly sued by the manager. There is privity of contract between the parties, and the manager may allege the making of the contract, through the medium of the circuit company, although in fact one contract was made between the manager and the circuit company, and another between the circuit company and the theatre owner.
A burlesque booking circuit which opened a theatre in proximity to the plaintiff’s theatre and thereby forced it to shut down, was held not guilty of conspiracy, since it had done nothing illegal, and its motives were immaterial.79
A booking agent will not be compelled to specifically perform its contract and book through its offices acts for a theatre proprietor, as that would require the continuous supervision of the court, and a court of equity will not assume such a duty.80
79 Roseneau v. Empire Circuit (1909), 131 A. D. (N. Y.) 429; 115 N. Y. Supp. 511. Action by plaintiff as Receiver of the Court Street Theatre for a conspiracy to bring about the ruin of that theatre by the defendant which controlled a burlesque booking circuit.
Held untenable as defendant had merely done lawfully the things which it had a right to do.
“If the means employed to do a certain act are legal and lawful, it is of no consequence that the
motive which induced such act was malicious.”
80 Hammer stein v. United Booking Offices (1915), N. Y. Law Journal, Nov. 4. Defendant had entered into an agreement with a number of owners and managers of vaudeville theatres whereby defendant agreed to act as booking agent for the managers and the managers agreed to book through defendant exclusively. The managers agreed with each other that during the term of the agreement