Dairy Queen, Inc. v. Wood
United States Supreme Court
369 U.S. 469 (1962)
Relevant factsFree
McCullough sued Dairy Queen (defendant) for breach of a trademark licensing contract, seeking "an accounting" to determine the amount owed and a judgment for that sum; the district court struck Dairy Queen's jury demand, characterizing the action as "purely equitable" based on McCullough's use of the term "accounting" rather than debt or damages, and the Third Circuit denied Dairy Queen's mandamus petition to vacate that order.
IssueFree
Whether a traditionally legal issue such as a claim for money damages can be deemed an equitable issue simply because of the wording used in the pleading.