McDONOUGH CONSTRUCTION COMPANY OF GEORGIA v. Ormewood Apartments, Inc.

Head, Justice.

In. the present case the plaintiff seeks to recover damages for an alleged breach of contract. It is asserted that a court of equity-should take jurisdiction to enjoin an action brought by the defendant in the Civil Court of Fulton County to recover an amount alleged to be due by the plaintiff on the contract. The plaintiff alleges that, in order to avoid a multiplicity of actions “and for the reason that plaintiff’s damages involve intricate accounting,” an auditor should be appointed, and that such equitable relief is not obtainable in the Civil Court of Fulton County. Held:

1.…