Cambers v. Lowry
Montana Supreme Court
Appeal from District Court, Silver Bow Coimty. Bill by Jóhn J. Cambers against William Lowry ancl others. From an order denying a temporary injunction, plaintiff appeals. Statement of the case by the justice delivering the opinion. Plaintiff, Cambers, sued defendant Lowry and others for damages for the breach of the conditions of a certain mining lease, and for an injunction enjoining defendants from working and mining the premises involved pending the suit.
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Appeal from District Court, Silver Bow Coimty. Bill by Jóhn J. Cambers against William Lowry ancl others. From an order denying a temporary injunction, plaintiff appeals. Statement of the case by the justice delivering the opinion. Plaintiff, Cambers, sued defendant Lowry and others for damages for the breach of the conditions of a certain mining lease, and for an injunction enjoining defendants from working and mining the premises involved pending the suit. Upon hearing on an order to show cause, the district court refused to issue the injunction prayed for, and dissolved the temporary…
1Opinion of the CourtHunt, J.
If the terms of the lease confined the defendants in the extraction of ore, literally to the three hundred foot *480level, plaintiff was entitled to the injunction order prayed for; but if it was the intent of the parties to the lease that defendants could stope above the three hundred foot level, and below the two hundred, the district court properly denied the injunction. ' We so state the proposition involved, because the real contention between the parties confessedly arises over that clause in the lease which forbids stoping ‘ ‘except at the three hundred foot level, ” and which requires all…
2Cases cited1 opinion
- Newell v. NicholsonMontana Supreme Court · 1896
3Cited by1 opinion
- Anaconda Copper Min. Co. v. Pilot-Butte Min. Co.Montana Supreme Court · 1915