Facts
Madame Poussard agreed in writing to sing and play the lead role at Spiers and Pond's French opera at the“Criterion Theatre, Oct. 16th, 1874. “To Madame Poussard. “On behalf of Messrs. Spiers & Pond I engage you to sing and play at the Criterion Theatre on the following terms:— “You to play the part of Friquette in Lecocq's opera of Les Pres Saint Gervais, commencing on or about the fourteenth of November next, at a weekly salary of eleven pounds (£11), and to continue on at that sum for a period of three months, providing the opera shall run for that period. Then, at the expiration of the said three months, I shall be at liberty to re-engage you at my option, on terms then to be arranged, and not to exceed fourteen pounds per week for another period of three months. Dresses and tights requisite for the part to be provided by the management, and the engagement to be subject to the ordinary rules and regulations of the theatre. “Ratified: … “E. P. Hingston, Manager. “Spiers & Pond. “Madame Poussard, 46, Gunter Grove,The first performance was announced for 28 November and Poussard did not object. She came to rehearsals. But because the composer delayed, Poussard did not get the music for the last part of the opera till a few days before the 28th. She was taken ill and did not attend the final rehearsals in the last week. Spiers and Pond engaged another performer, Miss Lewis to be ready to take over if Poussard could not. Miss Lewis would receiveChelsea Chelsea or Chelsey may refer to: Places Australia * Chelsea, Victoria Canada * Chelsea, Nova Scotia * Chelsea, Quebec United Kingdom * Chelsea, London, an area of London, bounded to the south by the River Thames ** Chelsea (UK Parliament consti ....”
Judgment
Blackburn J (delivering the court's judgment) held that failing to turn up for the first performances entitled Spiers and Pond to rescind the contract, for this went to the root of the matter. Blackburn J stated the facts and then continued.(1876) 1 QBD 410, 414-417See also
;Cited in argument for Spiers and Pond *'' Bettini v Gye'' (1876) 1 QBD 183 ;Subsequent cases *'' Torquay Hotel Co Ltd v Cousins''Notes
{{reflist, 2 English termination case law Lord Blackburn cases 1876 in case law 1876 in British law