Froomer

Appeal from an order granting a preliminary injunction.

In April, 1958, plaintiffs, as lessees, entered into a fifteen-year written lease with defendants’ predecessors in interest, as lessors, of certain premises upon which plaintiffs operate a retail shoe store. Shortly after the execution of the lease, with the consent of the original lessors, plaintiffs procured a large electric advertising sign and caused it to be attached to the rear wall of the building occupied by them. Thereafter, defendants acquired the property, subject to plaintiffs’ lease, and also acquired adjacent property upon which they proposed to erect a building in such a manner that it would require the relocation of plaintiffs’ sign. Plaintiffs refused to consent to such relocation and defendants threatened to move the sign without plaintiffs’ consent. Plaintiffs thereupon filed an action to enjoin defendants from moving the sign and pursuant to application, the court granted a preliminary injunction enjoining the moving of the sign pending a trial on the merits.

While the defendants’ right to appeal from an order granting a preliminary injunction prior to final judgment on the merits is unquestioned (Code…