Potter Stewart

“ The fact that an 'accounting' is sought is not of itself dispositive of the jury trial issue. To render this aspect of the complaint truly 'equitable' it must appear that the substantive claim is one cognizable only in equity or that the 'accounts between the parties' are of such a 'complicated nature' that they can be satisfactorily unraveled only by a court of equity. ”

“ Dairy Queen, Inc. v. Wood
Argued: Feb. 19 and 20, 1962. --- Decided: April 30, 1962
Mr. Justice STEWART concurs in the result.
Mr. Justice FRANKFURTER took no part in the decision of this case.
Mr. Justice WHITE took no part in the consideration or decision of this case. ”