Adams Co. v. Buchanan
South Dakota Supreme Court
Appeal from Circuit Court, Butte Count)'. Hon. James McNenny, Judge. Action by The Adams Company, a corporation, against Berl Ü. Buchanan and Charles Bowles, co-partners- as Buchanan & Bowles, to enjoin the construction and operation of defendants’ proposed oil sale and storage building-. From an order temporarily enjoining defendants, they appeal.
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Appeal from Circuit Court, Butte Count)'. Hon. James McNenny, Judge. Action by The Adams Company, a corporation, against Berl Ü. Buchanan and Charles Bowles, co-partners- as Buchanan & Bowles, to enjoin the construction and operation of defendants’ proposed oil sale and storage building-. From an order temporarily enjoining defendants, they appeal. (i) To point one of the opinion, Appellants cited: High on Injunction, Vol. x, Sec. 742; Texas Co. v. Fisk, 129 S. W. Rep. 188; Gose v. Coryell, 126 S. W. Rep. 1164. Respondent cited': 20 R. C. L. 407; Whittemore v. Baxter Laundry C’o., 52 L. R. A.…
1Opinion of the CourtWhiting, J.
Appeal from circuit court of Butte county. Plaintiff was the owner of a substantial brick building of the approximate value of $12,000, containing a wholesale stock of merchandise of the approximate value of $40,000. Defendant-. *551intending to engage in the ¡business of storing and vending gasoline and kerosene, began the erection of a concrete ¡building on a lot adjacent to' that occupied by plaintiff and about 15 feet from plaintiff’s building; and erected five cement piers, seven feet high and of sufficient length .to support three steel tanks of a capacity of. 20,000 gallons each, which…
2Cases cited2 opinions
- Helm v. GilroyOregon Supreme Court · 1891
- Wilkinson v. DobbieU.S. Circuit Court for the District of Northern New York · 1874
3Cited by3 opinions
- Zeppenfeld v. Franklin Motor Service Co.Indiana Court of Appeals · 1922
- Olson v. CassSouth Dakota Supreme Court · 1984
- Hansen v. AlbertsSouth Dakota Supreme Court · 1989