Crenshaw

In this action plaintiff seeks injunctive relief to secure the benefits to which it alleges itself entitled under a certain written contract. As a part of the same action plaintiff asks the court to declare the legal rights and duties of the respective parties under the said contract.

The court below denied the injunctive relief sought and declined to enter any declaratory judgment.

The plaintiff appeals from the judgment of the lower court and from the order denying its motion for a new trial.

The case presents two main points. We are called upon to determine whether or not the contract about which the controversy centers confers upon plaintiff a power coupled with an interest, and further to determine the application of the sections of our code providing for declaratory judgments. Without attempting at this point to make any determination of either question it is readily apparent that the application of the law in each of the issues must depend to a large extent upon the facts as disclosed. Therefore, we must in some detail recite the record.

In September, 1921, certain parties, called for convenience the Stolls, were the owners of a lot or parcel of land in the city of Los…