97 Iowa 537 | Iowa | 1896
The pleadings in the case are very voluminous, and we will not do more than attempt to set out the substance of the issues. The action is to recover damages upon an injunction bond given by defendants in a suit brought by them against the present plaintiff, in January, 1890. That action was to restrain the plaintiff herein, from selling coal to any persons who were patrons of the mine owned by defendants in April, 1885, and from contracting or offering to contract with the Chicago, Rock Island & .Pacific Railroad Company, to furnish it coal at Doud’s Station for its use, and from selling any coal to the country trade in the vicinity, of his mine. A temporary injunction was issued to that effect^ apd served upon the plaintiff, January 6, 1890; but this injunction
Claim is made by the defendants that, at the time they purchased plaintiff’s interest in the McGrew lease, he (plaintiff) expressly agreed that he would discontinue the mining of coal at said place, and would not engage in the same. Defendants also claim that by reason of the stipulations contained in the McGrew lease, and by virtue of the assignment by plaintiff of an interest he had purchased therein to the defendants, he placed himself under obligations not to engage in the mining of coal upon the section of land where defendants’ mine is situated.