The Law of Theatres And Music-Halls : Including Contracts And Precedents of Contracts

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The defendant became tenant under a lease from the plaintiff, dated the 10th of July, 1845, for terms commencing on different days, both of which would by efflux of time expire on the 29th of September, 1891. The lease contained, among others, the following covenant by Lumley : — " That the said B. L., his executors, &c, shall not nor will at any time here- after, during the said respective terms hereby granted, con- vert the said theatre or opera house, or any part thereof, to any other use th...an for acting or performing operas, plays, concerts, balls, masquerades, assemblies, and such theatrical ' and other public diversions and entertainments as have been usually given therein, but shall and will during all the said terms use his and their utmost endeavours to improve the same for that use and purpose." There was a power of re-entry by lessor on default of performance of any of the covenants. The defendant entered under the lease and used the premises as an opera house. Since the season of 1852 the house had not been opened for entertainments of any sort, but it had not been converted to any other uses than those contemplated by the lease to the defendant.

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