Pingley v. Brunson
272
S.C. 421, 252 S.E.2d 560 (1979)
Facts: Brunson played the
organ. Pingley hired him to play three nights
a week for three years. Brunson
repudiated. Pingley sued for specific
performance and an injunction against Brunson playing organ for anyone
else. Brunson appealed.
Issue: Can a court order specific
performance in a personal service contract?
Rule: Courts cannot order specific
performance for personal service contracts unless the performer has some unique
ability.
Analysis: The court found that there
were adequate substitute organ players in the area, and thus Brunson was not
unique. The court also found that there
was no negative covenant in the contract saying that Brunson mustn’t play organ
for anyone else.
Conclusion: The court overturned the trial
court’s ruling.
Question
I
don’t see how Pingley could have a case against the other restaurants since he
never contracted with any of those restaurants.
The duty to not work for anyone else would lie with Brunson, not with
the other restaurants.