Ex Parte Adams Const. Co.

FOSTER, Justice.

The question here is whether there was error in sustaining demurrer to a petition by defendant to remove a cause to equity under Title 13, section 153, Code.

The suit was by Adams & Holmes, partners, against Adams Construction Company, a corporation, on the common counts, (A) for money had and received, and (B) on account.

We glean from the motion to transfer the following facts, which are material and thought to justify the motion to remove. In 1947 plaintiff Adams was a director and vice-president of defendant corporation, and was superintendent in charge of its construction…