Merrill v. Ritch

GARDNER, Justice.

Complainant to this bill is landlord of defendant in a storehouse in Dothan undergoing certain repairs. Defendant tenant, insisting his stock of merchandise was damaged in this repair work by dust, dirt, and the like, instituted a suit at law against complainant, his landlord, to recover damages therefor. Thereupon, this bill was filed seeking to have the controversy determined in equity court resting for its equity upon the theory of an accounting and discovery.

Upon the theory of an accounting there must be averment of facts sufficient to show that complete relief cannot be…