Forsythe v. Rees Et

OPINION

By BARNES, J.

The above-entitled cause is now being determined on appellees’ two motions to dismiss the appeal.

The first motion, filed August 19, 1940, requests dismissal of the appeal on the ground that the issue raised by the pleadings has become moor as the limitation of time expressed in the contract upon which relief by way of injunction is asked, ended on August 15, 1940, and it would be impossible for this court to grant any relief prayed for in the petition since the actual controversy between the parties has ceased.

The second motion, filed October 15, 1940, requests in the…