Lunke v. Egeland
Montana Supreme Court
Appeal from District Court, Valley County; Frank N. Utter, Judge. Action by R. O. Lunke against Peter Egeland and Jens Norgaard. Plaintiff appeals from an order dissolving a temporary injunction.
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Appeal from District Court, Valley County; Frank N. Utter, Judge. Action by R. O. Lunke against Peter Egeland and Jens Norgaard. Plaintiff appeals from an order dissolving a temporary injunction. We admit that a court of equity will not ordinarily enjoin the commission of a trespass, but submit that it is well settled by the decisions of this court that, under certain circumstances, such injunctions may be issued, and we submit, further, that the circumstances disclosed in the record herein bring this case within the principles announced in the cases of Sanhey v. St. Mary’s Academy, 8 Mont.…
1Opinion of the CourtJustice Smith
On December 7, 1909, plaintiff and the defendant Egeland entered into a written contract whereby Egeland let and leased to plaintiff certain agricultural lands in Valley county for a term of three years. Plaintiff was the first party and Egeland the second party to the agreement. We quote certain parts thereof, viz.: “Said first party agrees to break fifty acres of land on said tract for the year 1910, if the season is such as to permit of its being done. Said first party shall have the right to repair any fences or buildings on said land, but second party is to pay for materials used. * * #…
2Cases cited1 opinion
- Wallace v. BahlhornMichigan Supreme Court · 1888
3Cited by7 opinions
- Johnson v. JohnsonMontana Supreme Court · 1932
- Garetson v. HesterCalifornia Court of Appeal · 1943
- Pipkin v. ConnollyMontana Supreme Court · 1975
- Eaton v. FiskNew York Supreme Court · 1992
- Gross v. HazeltineCalifornia Court of Appeal · 1930
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