Bentley v. Levine

This is an appeal from an order granting a motion for a temporary injunction. We reverse.

The sellers of a food business took back a promissory note, secured by certain stock owned by the buyers which was to be held in escrow. The agreement specified that the stock would be turned over to the sellers if the buyers’ defaulted on the note. Several months later, the buyers filed suit alleging breach of contract, and fraud, and sought a temporary injunction to keep the stock from being turned over to the sellers.

Both counts of the complaint merely seek money damages. There is no prayer for…