Thomas J. Peck & Sons, Inc. v. Lee Rock Products, Inc.

CROCKETT, Justice:

Peck, owner and lessor of a gravel pit north of Lehi, sued defendant Lee, lessee, to have the lease declared invalid and unenforceable, to restrain removal of gravel, and for damages. The district court first granted a temporary injunction against Lee, then recalled the order. On plaintiff’s claim that irreparable damage was occurring, and that a final adjudication as to the status of the lease was desirable before trying the issues as to damages, this court granted an intermediate appeal. 1

Lee Products, which was engaged in the sand and gravel business, had had its lease on…