Dayton Rubber Manufacturing Co. v. Horn

Tbe defendants assert that the trial judge had no power to order a compulsory reference by virtue of 0. S., 573, for that:(a) The reply constituted a plea in bar.(b) The account was not long or complicated.

The pleadings disclosed a course of dealing between the parties for a substantial period. These transactions involve many items, and, while the methods of doing business and of computing the profit or compensation of plaintiff were changed from time to time, the course of dealing was practically continuous. Consequently, the action, in its essential features, involved an accounting. There…