The Sun.
London, England, 1848-02-23 00:00:00

LAW INTELLICiENCE,
COURT OF QUEEN'S BENCH, Feb 22.

(Sitting.; Mule Mr. Jit6tice DALE. and a Special Jury.)

1;t NN v. LIND.

In this case Mr. Ccekburn, Mr. Peacock, and Mr.
Phipson were for the plaintiff; the Attorney-General,
Sir F. The3iger, and M. lloggim! appeared for the de-

er,.cl 'ant.

The plaintiff in the action was formerly the lessee of
Drury• lane Theatre, the th fondant being the celebrated
vocalist, Millie. Jenny Lind. The action was brought
to recover compensation in damages for an alleged
breach of contract on the part of the defendant.
Mr. COCKBURN, in opening the case to the jury, stated
the facts of the case to be as follow:—The defendant
having obtained great celebrity on the continent, the
plaintiff was anxious to secure her services at Drury-
lane Theatre, and accordingly went over to Berlin, and
entered into an engagement by which the defendant
engaged to sing for twenty nights at Drury-lane Theatre
in the character 01 Vielka in Meyerbeer's opera of the
Camp of Silesia, and in the character of Amina, in
the Sonnambula, the plaintiff engaging to pay her 50
Luuis-d'ors for each performance, and to find the neces-
sary dresses and decorations. Shortly before the time
appointed fur Mae. Lind's appearance the plaintiff
received a letter from the defendant, stating that in con-
sequence of the difficulty attendant upon obtaining a
sufficient knowledge of the English language to enable
her to appear before an English audience, and the
delicate state of her health, she was advised by her
guardians at Stockholm not to undertake the journey to
England, begging to be released from the engage-
ment into which she had entered, and telling the
defendant not to behave any report which
might be in circulation with respect to her
being about to make her appearance at the Italian Opera,
as she had not the least intention of ever appearing either
in London or in Paris. The plaintiff refused to allow
her to withdraw from the agreement, and subsequently
another letter was written by the defendant, stating that
she could not fulfil the terms of the agreement, and that
she would be willing to pay the compensation which the
English law might award to him for her breach of the
contract. _ _

The signatures to the contract and the letters having
been proved to be in the handwriting of the defendants,
the letters and contract were put in and read.
Mr. Dunn, secretary to the Committee of Drury-
lane Theatre, and formerly treasurer to Mr. Bunn,
stated in evidence that the expenses attending the
bringing out of the Camp of Silesia with Mdlle.
Lind would have been about 2001. less than if
Madame Malibran were the pi ima donna. The
net profits to the theatre by the engagements of Madlle.
Malibran were for thirty nights between 4,0001. and
5.0061.; upon a subsequent engagement the profits were
much higher.
Mr. Fitzball stated that he had been employed by Mr.
Bunn to translate and arrange the opera of the Camp of
Silesia, and bad received for so doing the sum of 1801.
Mr. Mitchell gave evidence as to the great success of
Madlle. Lind at the Italian Opera, and the very crowded
houses which she drew.
Mr. J. Allan said that he had seen Mdlle. Lind at
Berlin, in the year 1846, performing at the Theatre
Royal, Berlin, in the operas of Norma, in the Son-
nambula, and in the Camp of Silesia. She then ap-
peared to be in perf.ct health, and her voice was in
excellent order. In the course of a conversation which
he had with her, she informed him that it was not her
intention to sing either in France or in England.
Mrs. Almond, better known by the name of Miss
Romer, said, that but a few days would be required for
a first-rate performer to obtain a knowledge of a different
version of the words which might be adapted to music,
a knowledge of which was before possessed.
This close the case on the part of the plaintiff.
The ATTORNEY-GENERAL then addressed his Lord-
ship, contending that there was nothing whatever that
was binding in the contract between the partied, it
being merely conditional and not absolute, and that the
plaintiff ought to be nonsuited.
Ilis LORDSIIIP overruled the objections.

The ATTORNEY-GENERAL then proceeded to address
the jury, contending that the plaintiff was not in a posi-
tion to keep the terms of his agreement,' as he had not
the music of the opera; neither had he had it translated
in sufficient time for the defendant had she come over to
England to obtain a sufficient knowledge of her part.
His LORDSHIP then summed up to the jury, leaving it
for them to decide whether in their opinion the plaintiff
would have been prepared with the necessary parts for
the defendant had she intimated within the prescribed
time her intention of keeping the terms of her engage-
ment.

The jury, after having retired for some time, returned
into court and gave a verdict for the plaintiff, with
2,500/. damages.

ELECTION COMMITTEES.
LYME REGIS.

(Continued from our Afternoon Edition of yesterday.)
Mr. Waring, the solicitor and agent of Mr. Abdy, the
sitting Member, was then called on to prove that he did
not authorise Cannon to make any overtures to Upjohn,
nor did he promise Clyde a situation to induce him to
vote for Mr. Abdy. The lot. Farand received he said
was advanced to him as a loan, and not given to him
as a gift.
The Committee then adjourned till to morrow.