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· 4/21/1902

Philadelphia Ball Club, Ltd. v. Lajoie

Citations

  • 202 Pa. 210
  • 58 L.R.A. 227
  • 51 A. 973
  • 1902 Pa. LEXIS 497

Syllabus

<p>Contract — Personal skill — Baseball player — Injunction.</p> <p>Where one person agrees to render personal services to another, which require and presuppose a special knowledge, skill and ability in the employee so that in ease of default the same service could not easily be obtained from others, although the affirmative specific performance of the contract is beyond the power of the court, its performance will be negatively enforced by enjoining its breach. The damage for breach of such contract cannot be estimated with any certainty, and the employer cannot by means of any damages purchase the same service in the labor market. Proof of the impossibility of obtaining equivalent service, is not prerequisite to such relief.</p> <p>Where a baseball player has contracted to play with a particular club for a certain term, he will be enjoined from playing with another club during the continuance of the term, where the evidence shows that he was an expert player in any position, with a great reputation as a second baseman ; that he had been for several years in the service of the plaintiff club, and had been re-engaged from season to season at a constantly increasing salary; that he had become thoroughly familiar with the action and methods of the other players of the club, and that his own work was peculiarly meritorious as an integral part of the team work; and in addition that he was well known, and had a great reputation among the patrons of the sport, for ability in the position which he filled, and was thus a most attractive drawing card for the public.</p> <p>Contract — Breach—Irreparable injury.</p> <p>Where a breach of contract involves a loss which would be a matter of uncertainty, and for which no certain pecuniary standard exists for the measurement of the damages, the breach may be deemed to cause irreparable injury.</p> <p>Contract — Mutuality—Equity—Ball player.</p> <p>Mutuality of retnedy does not require that each party to a contract should have preci

Judges: Brown, Dean, Fell, McCollum, Mestrezat, Mitchell, Potter

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