Crennell v. Fulton

Citations

• 241 Pa. 572
• 88 A. 783
• 1913 Pa. LEXIS 819

Syllabus

<p>Equity — Jurisdiction—Accounting—Complications of accounts —Principal and agent — Net profits — Referees—Findings of referees.</p> <p>1. Equity will take jurisdiction on the ground of account, notwithstanding that the accounting involved is on one side only, if it is so complicated as seriously to embarrass the remedy at law, and in cases where discovery is needed and sought, or where ascertainment of the amount due involves the examination of the whole business of the defendant; and this is particularly true where it is apparent that a relation of trust and confidence existed between the plaintiff and defendant.</p> <p>2. A bill in equity alleging that defendant agreed with plaintiff in writing that if plaintiff would employ his whole time in securing options on coal properties, and in examining coal properties and reporting thereon to defendant, defendant would pay plaintiff’s expenses, while so engaged, as well as definite sums per acre on certain blocks of coal land and half the net profits on other coal properties to be handled and sold by defendant; that plaintiff devoted eighteen months to securing such options, and secured a very large number, but defendant refused to pay the commissions or account for the profits owing plaintiff, and praying that defendant be compelled to account therefor, is not demurrable for want of jurisdiction in equity, and a decree confirming the report of the referee that plaintiff was entitled to the relief sought, where there was competent evidence to support it, will be affirmed.</p> <p>Practice, Supreme Court — Assignments of error — Defective assignments.</p> <p>3. Where in an equity proceeding a petition to vacate the appointment of a referee was denied by the court, and such action of the court was assigned as error, but the assignment contained no copy of the petition, and did not state the reasons for which the application was made, the Supreme Court will not review the action of the court below, as the question was disc