Lacey V. Bertone

Lacey entered into a contract to purchase four apartment houses from Bertone. Numerous disputes arose between the parties as to the terms and performance of the agreement, and Lacey brought this action for specific performance and declaratory relief. Bertone filed a cross-complaint seeking cancellation of the contract together with damages and an accounting of rents collected by Lacey while he was in possession. After trial and submission of the action, but before judgment, Bertone obtained an injunction pendente lite restraining Lacey from collecting rentals and from interfering with Bertone's access to the premises in controversy. Lacey has appealed from the order granting the injunction and from an order denying his motion to dissolve or modify the injunction. Bertone was also given a judgment which terminated the contract, awarded damages, and ordered an accounting, and Lacey has filed separate notices of appeal from the judgment and from an order denying a motion to tax costs.