Swanson v. Alworth

Original proceeding in mandamus whereby it is sought to have the district court of St. Louis county peremptorily ordered to grant plaintiff a jury trial.

The complaint states either a cause of action at law for damages for breach of contract, or in equity for an accounting for the profits of an executed contract in the nature of a joint enterprise. The former is plaintiff’s view. If it is correct, there should be a jury trial. The latter, the defendants’ construction, was adopted below. It resulted in an order setting the case for trial without a jury. It is now sought to review and reverse…