Arthur Tufts Co. v. DeJarnette Supply Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Humphries. Fulton superior court. November 19, 1923. Arthur Tufts Company, hereinafter referred to as the plaintiff, filed its petition for injunction, discovery, accounting, and relief against DeJarnette Supply Company, hereinafter referred to as the defendant; and made this case: The defendant has brought suit against the plaintiff in the city court of Atlanta, to recover damages for breach of a contract therein set out.
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Petition for injunction. Before Judge Humphries. Fulton superior court. November 19, 1923. Arthur Tufts Company, hereinafter referred to as the plaintiff, filed its petition for injunction, discovery, accounting, and relief against DeJarnette Supply Company, hereinafter referred to as the defendant; and made this case: The defendant has brought suit against the plaintiff in the city court of Atlanta, to recover damages for breach of a contract therein set out. Plaintiff filed its answer denying the substantial allegations of the petition in that suit, and the right of the defendant to damages…
1Opinion of the CourtHikes, J.
1. Equity will not enjoin the proceedings and processes of a court of law, unless there is some intervening equity, or other proper defense, of which the party, without fault on his part, cannot avail himself at law. Civil Code (1910), § 5492; Reynolds Banking Co. v. Southern Pacific Guano Co., 140 Ga. 498 (2) (79 S. E. 132).
2. The facts set out in the petition do not make a case for an equitable accounting, it not being alleged that there are mutual accounts growing out of privity of contract, the facts stated not showing that the accounts are complicated and intricate, no case for equitable…
2Cases cited4 opinions
- Burress v. MontgomerySupreme Court of Georgia · 1918
- Butler v. HolmesSupreme Court of Georgia · 1907
- Reynolds Banking Co. v. Southern Pacific Guano Co.Supreme Court of Georgia · 1913
- Merchants' Bank v. DavisSupreme Court of Georgia · 1847
3Cited by11 opinions
- Morton v. GardnerSupreme Court of Georgia · 1979
- Walker Electrical Co. v. WaltonSupreme Court of Georgia · 1948
- Ferrell v. WightSupreme Court of Georgia · 1938
- Universal Garage Co. v. FowlerSupreme Court of Georgia · 1937
- Georgia Power Co. v. OwenSupreme Court of Georgia · 1950
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