Guinee v. J. L. Murphy, Inc.

In this action to recover compensation for services measured by a share of the profits, the plaintiff seeks an examination before trial and an inspection and discovery of defendant’s books. The motion is opposed by the defendant on the ground that the action is in equity and that the plaintiff must first establish his right to an accounting before he is entitled to the examination. The action is not in equity; it is an action at law. At the trial the plaintiff, must establish both his contract and the amount due thereon. Unless he can prove the profits made in the business he will be unable…