De Rivafinoli v. Corsetti

4 Paige 264 (1833)

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Nature of the Case

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Facts

A contract was entered into in March 1833 in which D agreed to sing as the primo basso in all the operas, concerts, cantatas and benefits that P would schedule in the U.S. It was further agreed that D would cooperate and show up for rehearsals and submit to the regulations of P and to the fines that such regulations established for a term of eight months starting in November 1, 1833. P agreed to pay D $1,192 in sixteen half monthly payments with each payment to be made in advance for the period it was to be applied against. D also agreed not to make use of his talents in any other theatre or public hall without P’s prior approval. Each party bound himself under penalty of a fine of one-third of the salary of D. D also alleged that he had entered into a contract with the trustees of the Italian opera house under a heavy penalty to commence the performance of Italian operas on November 1, 1833. D was a skillful musician and P devoted resources, time, and money to put a troupe together for the first performances. P claimed that the services of D were necessary and that if D did not honor the contract P would incur great damages. The bill that P filed alleged that D made a contract to sing in Havana on the same day as his obligation with P. P asked for specific performance and that D be restrained from leaving New York and for general relief as well as for ne exeat. The ne exeat was granted by an injunction master and D was committed to prison, as he was not able to make bail.