Burress v. Montgomery

Burress et al. sued Montgomery et al. on a contract to pay royalties on certain patented roofing. An itemized account and the contract in hsec verba were attached to the petition. Under .the contract the. plaintiffs are allowed the right to examine defendant’s books. The petition contains a number of questions propounded to the defendants for the purpose of disclosing the amount of roofing manufactured and sold. The prayers are for process, for an accounting, for “discovery” in response to the questions, and for such other and further relief ‘.‘as to law and equity may seem proper.” Held:

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