(concurring specially). I am of the opinion that the appeal should be dismissed because the question presented is moot through *1209the manner in which the injunctional order was vacated. See Sayre v. Village of Alsen (N. D.) 189 N. W. 240, and cases there cited. I am also of the opinion that the trial court did not err in dismissing the action upon its merits. See Boettcher v. McDowell, 43 N. D. 178, 174 N. W. 759.