Kraft v. Welch
Supreme Court of Iowa
Appeal from Fayette District Court. — Hon. A. N. Hobson, Judge. Plaintiff sued in equity to enjoin defendant from ■erecting a building upon premises leased by plaintiff to defendant for use as a creamery, and plaintiff asked that a temporary writ of injunction be granted.
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Appeal from Fayette District Court. — Hon. A. N. Hobson, Judge. Plaintiff sued in equity to enjoin defendant from ■erecting a building upon premises leased by plaintiff to defendant for use as a creamery, and plaintiff asked that a temporary writ of injunction be granted. Tbe court ordered .a hearing on tbe application for a temporary injunction, witb notice, and at tbe time for bearing sustained defendants’ demurrer to plaintiff’s petition, refused a preliminary injunction, and, upon plaintiff’s refusal to plead over, rendered judgment against plaintiff, with costs. Plaintiff appeals. — •
1Opinion of the CourtMcClain, J.
Tbe leased premises consist of a piece of farming land, and tbe lease contains these provisions: “Said land not to exceed three acres, and to be used for creamery purposes. * * * This land is rented to be used for creamery purposes by said Welch Bros., who shall also have tbe right to *696build a store building on said land in connection with said creamery.” Plaintiff alleges that defendants have already built the store building authorized by the lease, and other buildings not authorized thereby, and are now proposing, and proceeding to build on the same premises a two-story frame building, the…
2Cases cited5 opinions
- Farwell v. EastonSupreme Court of Missouri · 1876
- Maddox v. WhiteCourt of Appeals of Maryland · 1853
- De Forest v. ByrneNew York Court of Common Pleas · 1856
- Gillian v. NortonThe Superior Court of New York City · 1867
- Dodge v. Lambert & GardnerThe Superior Court of New York City · 1858
3Cited by10 opinions
- Chamberlain v. BrownSupreme Court of Iowa · 1909
- Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
- Madison v. Garfield Coal Co.Supreme Court of Iowa · 1901
- Chicago, Rock Island & Pacific Railroad v. City of Iowa CitySupreme Court of Iowa · 1980
- State Security Bank v. HoskinsSupreme Court of Iowa · 1906
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