Montgomery Tire Service, Inc. v. Towsner

High Performance Tires, Inc. (HP), was launched in the fall of 1967. It foundered in the spring of 1968. In midcourse it cajoled the appellant (Montgomery) into parting with about $25,000 worth of tires. Montgomery’s attempt to salvage something out of the wreckage, unsuccessful below, provides the basis for this appeal. The narrow question presented arises out of the dismissal of its petition to enjoin both temporarily and permanently the foreclosure of a deed of trust on realty. How success in this regard might benefit Montgomery will be disclosed in our recital of the relevant facts.

While…