Stone v. Hunter Tract Improvement Co.

Citations

• 68 Wash. 28
• 122 P. 370
• 1912 Wash. LEXIS 1242

Syllabus

<p>Injunction — Wrongful Injunction — Measure of Damages. The measure of damages for a wrongful injunction restraining the completion of a house, which plaintiffs were in the act of building, is the rental value of the premises with the improvements as designed, although the house as designed was never completed, a smaller one being erected for the same purpose after dissolution of the injunction.</p> <p>Injunction — Wrongful Injunction — Damages—Motion to Dissolve — Necessity. Failure to move to discharge a wrongful injunction does not limit the recovery to nominal damages, where the injunction was not ancillary to the main issue, but was of the essence of the controversy, and plaintiff tried the case on its merits instead of moving to dissolve the injunction.</p>