Opinion
Term No. 47M4. (Abstract of Decision.)
Opinion filed September 15, 1947 Released for publication October 16, 1947
MINES AND MINERALS, § 13 — where equity may retain jurisdiction to award damages for breach of waning lease. In suit for specific performance of mining lease and for injunction, it was proper for court, in exercise of its equity powers after granting temporary injunction, to deny permanent injunction, refuse specific performance of terms of lease and in lieu thereof to grant compensatory damages as incident to equitable relief, since equity jurisdiction, once acquired in cause, may be retained to complete adjudication of all matters at issue.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Williamson county; the Hon. HAROLD L. ZIMMERMAN, Judge, presiding.
Affirmed. Heard in this court at the May term, 1947.
Gordon Franklin and E.E. Denison, for appellants;
D.L. Duty and Powless Winters, for appellees.
Not to be published in full. Opinion filed September 15, 1947; released for publication October 16, 1947.