Newcomb v. Wagoner

(After stating the foregoing facts.) This case has been transferred to this court by the Supreme Court.

Whether or not the rule requiring that a bill of particulars, when demanded by demurrer, shall accompany the plaintiff’s petition applies in suits for an accounting (see Gould v. Barrow, 117 Ga. 458, 43 S. E. 702), such could not be the rule in the instant caso, where from the petition it appeared that under the contract *31forming the basis of the suit the defendant “was to keep all books of account, statements, and accounts showing the business operations of said two restaurants, and…