Dorrough v. Mt. Pleasant Fertilizer Co.

If this were a bill for an accounting from the respondent for the amounts collected by him under the eix-eumstances shown by the .bill — the amount of the collections being unknown to complainant and lying peculiarly within the knowledge of Dorrough — it would no doubt present a case of equitable cognizance. Phillips v. Birmingham Ind. Co., 161 Ala. 509, 50 South. 77, 135 Am. St. Rep. 156; Halsted v. Rabb, 8 Port. 63. But, as declared in the Phillips Case, the bare relation of principal and agent would not give jxirisdiction to a court of equity.

However, the accounting here sought is from the…