Supreme Judicial Court of Massachusetts · 1858 · Property
Propertyrevocable licenseexecutory contracttheater ticketlicense to enter landcontract remedyno tort actionreasonable force
Facts
The plaintiff purchased from the defendant a ticket that, at most, gave him permission to enter the family circle in the Howard Athenseum and occupy a place during the exhibition. Before the plaintiff entered and before any part of that permission was executed, the defendant revoked the permission. The plaintiff nevertheless attempted to enter. The defendant used force necessary to prevent the entry.
Issue
Does the holder of a theater ticket have a property-based right to enter such that he may maintain this action when entry is refused, or is the ticket merely a revocable license leaving him only a contract remedy?
Rule
A ticket of admission gives the holder only an executory contract and a license that is legally revocable before it is executed. After revocation, the holder has no right to enter, and the proprietor may use necessary, but not unnecessary, force to prevent entry or remove the holder; the holder's remedy for wrongful revocation is an action of contract for the ticket price and legal damages for breach.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
Nina Patel bought a balcony admission ticket from Lakefront Playhouse, a fictional theater in Cleveland, Ohio. When she arrived at the door, the manager told her the theater was revoking her admission and returned nothing; before Nina had entered any part of the building, she tried to walk past the usher, who blocked her with only enough force to stop her.
If Nina sues the theater in tort for wrongful exclusion, what is the best result?
Explanation. The governing rule is that an admission ticket gives the holder only an executory contract and a license that is legally revocable before execution. If the proprietor revokes the license before any part of it is executed, the ticket holder has no right to enter, and the proprietor may use necessary force to prevent entry. The holder's remedy for wrongful revocation is an action of contract for the money paid and legal damages, not a tort action.