Barnes & Tucker Co. v. Bird Coal Co.

Opinion by

Mr. Justice Maxey,

Plaintiff!, Barnes & Tucker Company, appealed from the action of the court below in sustaining certain preliminary objections filed by (1) the defendant, Bird Coal Company (appellee in No. 344), and (2) William C. Fownes, Jr., and Girard Trust Co., Executors and Trustees under the will of John Barnes, Deceased, and Frederick C. Schaeffer, Administrator of the Estate of Amy F. B. Schaeffer, Deceased (appellees in No. 345), to plaintiff’s bills in equity, asking for discovery and an accounting of profits claimed to have been made by the Bird Coal Company and through…