Johnson v. . Jones

Adams',-J.

Tbe action was brought to enjoin tbe trustee from selling tbe property under tbe deed of trust, on tbe ground that tbe defendant Jones bad refused to comply with tbe contract by preventing tbe use of tbe side-track, and bad thereby caused tbe plaintiff to suffer loss. Tbe verified complaint contains allegations to this effect, and is supported by tbe plaintiff’s affidavit and other evidence. Tbe answer of tbe defendants, and tbe affidavits filed in their behalf, deny tbe plaintiff’s allegations, and thereby raise issues of fact. Under these circumstances, bis Honor made no error in…