Martin v. Home Owners Loan Corporation

Atkinson, Justice.

(After stating the foregoing facts.) The petition contains allegations appropriate to an action of damages for fraud arising out of contract. While there'are averments and a prayer in reference to an equitable accounting, it has been held that the mere necessity for an accounting to ascertain the amount due on a contract is insufficient to give equity jurisdiction to order an accounting. Burress v. Montgomery, 148 Ga. 548 (5) (97 S. E. 538). The prayer “that such other and further relief be granted as the court in its judgment deems right and just,” can not, unaided, make an…