117 N.Y.S. 287 | N.Y. App. Div. | 1909
Appeal by defendants from an order granting an injunction pendente lite. This is an action wherein the plaintiff seeks to rescind an agreement made by himself, and his deceased brother and former partner, with the defendant Miller, whereby plaintiff and his brother agreed to assign to the defendant corporation a lease of certain mineral lands in Oklahoma, upon condition that they should have a certain proportion of the stock of said company, and that Miller would advance certain money to the company in order that the minerals might be mined and the value of the property realized. When the case was before us on a former occasion on an appeal from an interlocutory judgment sustaining a demurrer to the amended complaint, we had before us only the said complaint from which it appeared.
The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion for an injunction pendente lite denied, with ten dollars costs.
Ingraham, McLaughlin, Clarke and Houghton, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.