Fish, C. J.
The petition fails to show that the North Augusta Hotel Company has an equitable cause for enjoining the suit of Wood against the North Augusta Land Company as principal, and Miller, Jackson, and Hankinson as sureties, pending in the city court of Richmond county, and to have a certain contract of release executed by the Hotel Company and the Land Company to Wood canceled, and to have an accounting and other equitable relief. Accordingly, the court did not err in dismissing the petition on general demurrer.
Judgment affirmed.
All the Justices concur.
Barse went into possession immediately under the transfer of the lease to him, and so remained until December 31, 1916, when the hotel was destroyed by fire. The note for $5,000 given to Wood by the North Augusta Land Company as principal, with-Miller, Jackson, and Hankinson as sureties, not having been paid at maturity, suit was entered thereon by Wood in the city court of Richmond county against the principal and sureties. Defendants answered, and plaintiff demurred to the answer. It was averred in the answer that the note sued on was obtained through fraudulent misrepresentations made by Wood as to compliance with his obligation under the lease contract with the Hotel Company, he representing that he had kept the hotel and everything in connection therewith in such repair as is required of an up-to-date, first class, modern tourists hotel; whereas, he had failed to do this. He further represented that the contract he had made with Johns Brothers for coal for the winter of 1916 and 1917 was in existence; whereas the fact was that such contract had ]oeen can-; celed by Johns Brothers; and that defendants had been damaged in the sum of $10,000 by the failure of Wood to keep the premises in repair, and in the sum of $2,500 by reason of the cancellation of the coal contract. It was further averred that the note sued on would not have been given, nor the release executed to Wood entered into, had the defendants known of the falsity of Wood’s representations.
Pending the case in the city court the petition now under review was brought by “ The North Augusta Hotel Company, . . who sues for the use of itself and the North Augusta Land Company and . . said Land Company,” against Wood, to enjoin the further prosecution of his suit in the city court. The petition, with the record of the pleadings in the case pending in the city court attached to the petition as an exhibit, showed the facts as above stated. The prayers of the petition were, that the case in the city court be enjoined until a final decree could be rendered on the petition; that the contract of release given by the Hotel Company and the Land Company to Wood be canceled; “that said Wood be required to come to an accounting with petitioner, for the use of said Land Company, not only for money expended and indebtedness incurred for repairs on said hotel property, and for rent $38,000, but also for $5,000 paid said Wood at the time of the making of said contract [the release]; that all hotel set-offs be allowed; that said note upon which he is suing in said court be canceled as without consideration;” and for general relief.
The petition was dismissed on general demurrer, and the North Augusta Hotel Company alone excepted.
Pierce Brothers, for plaintiff.
Barrett & Hull, for defendant.