Legal Opinion

Lindsey Lumber Co. v. Mason

Supreme Court of Alabama

Decided February 10, 1910PublishedCited by 12 opinions

Bill for an Accounting and a Discovery. Appeal from Escambia ■Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. E. Mason and another, as assignees of the Canoe Mill Company, against the Lindsey Lumber Company and others. From a judgment overruling demurrers to the bill, respondents appeal.

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Bill for an Accounting and a Discovery. Appeal from Escambia ■Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. E. Mason and another, as assignees of the Canoe Mill Company, against the Lindsey Lumber Company and others. From a judgment overruling demurrers to the bill, respondents appeal. The bill sets out the contract between the Lindsey Lumber Company and the Canoe Mill Company, and its assignment to the complainants in this cause, alleges the furnishing of orders by the Lindsey Lumber Company to the Canoe Mill Company, and the filling of the orders by the Canoe Mill Company, and…

1Opinion of the CourtMcCLELLAN, J.

— Necessarily denying the adequateness of the remedy at law, the jurisdiction of equity for an accounting, though on one side only, is undoubted, where, from the facts averred, discovery is sought of matters peculiarly within the knowledge of the respond*198ent, and. without which complainant cannot establish the measure of his rights against the respondent.— Beggs v. Edison co., 96 Ala. 295, 11 South. 881, 38 Am. St. Rep. 94; Hall v. McKeller, 155 Ala. 508, 46 South. 460 — among others. Aside from the question whether the Canoe Mill Company is an indispensable party to this cause, the chief…

2Cases cited3 opinions

  1. Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
  2. Hall v. McKellerSupreme Court of Alabama · 1908
  3. Wood v. HudsonSupreme Court of Alabama · 1892

3Cited by12 opinions

  1. Julian v. WoolbertSupreme Court of Alabama · 1919
  2. Cleveland Storage Co. v. Guardian Trust Co.Supreme Court of Alabama · 1930
  3. First Nat. Bank of La Pine v. BradleySupreme Court of Alabama · 1931
  4. Employers Ins. Co. of Alabama v. RhodesSupreme Court of Alabama · 1940
  5. Whitman v. MashburnSupreme Court of Alabama · 1970

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