Palmer v. Israel
Montana Supreme Court
Appeal from First Judicial District Lewis and Clarhe County. Action for an injunction. An order dissolving the injunction was granted by Buck, J. I. The contract gave to the appellant the exclusive right to pave and curb Main street in front of the lots of defendants, and having this exclusive right, manifestly his remedy was an injunction, provided his contract was valid, and he had no adequate remedy at law. ■ II. The allegations of the complaint are to be taken as true.
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Appeal from First Judicial District Lewis and Clarhe County. Action for an injunction. An order dissolving the injunction was granted by Buck, J. I. The contract gave to the appellant the exclusive right to pave and curb Main street in front of the lots of defendants, and having this exclusive right, manifestly his remedy was an injunction, provided his contract was valid, and he had no adequate remedy at law. ■ II. The allegations of the complaint are to be taken as true. It is alleged that the appellant has the exclusive right to pave and curb this street in front of said lots, and that the…
1Opinion of the CourtPemberton, C. J.
This is an appeal from the order of the court below, dissolving an injunction. It appears that the appellant, who was plaintiff, on the sixth day of October, 1891, entered into a contract with the city of Helena to pave and curb a certain portion of Main street in said city; that under said contract he had the exclusive right to do the work specified therein, and the right to occupy and use said street for the performance of said work; that while engaged in performing said work, the respondent, with others, entered upon said street and excluded appellant therefrom, and hindered, delayed, and…
2Cited by5 opinions
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- Lee v. WatsonMontana Supreme Court · 1895