(dissenting).
I think the trial court’s refusal to grant a preliminary injunction should stand. The action was in no sense arbitrary or abusive. It was supported by reason and judgment and, therefore, rested well within the court’s discretionary power. That is the only legitimate question involved in this appeal. The case must revert to the District Court for trial on the merits. A sharply drawn issue involves the meaning and scope of the non-molestation clause. I cannot escape the conclusion that the real effect of the majority opinion is to decide that issue favorably to the plaintiff’s contention, although a correct decision must depend upon evidence yet to be adduced.