Keller v. Model Coal Company

Though I agree that points 2, 3 and 4 of the syllabus contain correct statements of law, I challenge their application to the facts alleged in the original, amended and supplemental bills of complaint which are the only pleadings filed in this case.

In my judgment the facts alleged in those pleadings, which on demurrer must be regarded as true, completely fail to show any basis whatsoever for discovery and accounting in equity between the plaintiff and the defend*607ants. For that reason I dissent from the decision of the majority of this Court to the extent that it holds that under the…