Kirksey Motors, Inc. v. General Acceptance Corp.

HARWOODj Justice.

Appellant, complainant below, filed its bill for an accounting and discovery against the appellee. The appellee’s demurrer to the bill was sustained, the appellant being allowed twenty days in which to amend its bill. Thereafter, the appellant, in accord anee with Section 755, Title 7, Code of Alabama 1940, as amended, moved to dismiss its bill without prejudice, and with leave to appeal. This motion was granted.

Those portions of the bill pertinent to this appeal aver:

“III. On, to-wit, February 20, 1958, Complainant and Respondent entered into an agreement whereby Complainant…