Heaton v. Burnside

Citations

• 97 Kan. 453
• 155 P. 935
• 1916 Kan. LEXIS 322

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction — Restraining Order Rightfully Issued — No Liability on Injunction Bond. In an action for specific performance an injunction was granted restraining the disposition of property. The bond was conditioned for the payment of damages if it were decided the injunction ought not to have been granted. Subsequently' the injunction was modified and a portion of the property was released, not because the injunction was wrongfully issued, but becaus'e the plaintiff could be protected and the defendant advantaged. The defendant disposed of all the property, the remedy of specific performance became valueless, the action proceeded as one for damages, and the plaintiff recovered. In an action for damages for breach of the injunction bond the records in the specific-performance action showing the foregoing facts were made a part of the petition. Held, no breach of the bond was disclosed and a demurrer to the petition was properly sustained.</p>