SPECIFIC PERFORMANCE - INJUNCTIONS TO ENFORCE NEGATIVE COVENANTS IN CONTRACTS FOR PERSONAL SERVICES

Plaintiff entered into a contract with defendant in which defendant agreed to participate in a boxing match with the then heavyweight champion of the world. The contract also provided that if the defendant won the bout and himself became heavyweight champion he would render his services as a boxer in his first boxing contest thereafter, in defense of his title, under plaintiff's auspices. The contract further provided that defendant was to engage in no other boxing contests in which a decision was rendered prior to such championship bout, without the written consent of the plaintiff. Subsequently, three amendatory contracts were drawn, the last fixing June 3, 1937, as the date for defendant's world championship bout, and providing that defendant was not to engage in any other bouts prior thereto.

Later, on statement by defendant that he would not perform his contract to defend his title under plaintiff's auspices, and on information that defendant had contracted to engage in a match for the heavyweight championship of the world with another boxer under rival auspices on June 22, 1937, plaintiff sought a preliminary injunction to restrain defendant from engaging in such bout. This was denied, and an appeal was taken. Held, since there was no express negative covenant now in effect, and since even if there had been such a covenant, it could not have been enforced because defendant could not compel plaintiff to use his services, that the order denying the preliminary injunction should be affirmed. Madison Square Garden Corp. v. Braddock, (C. C. A. 3d, 1937) 90 F. (2d) 924.