Syllabus by

APPEAL

(30 G) The nature of the action, as shown by the pleadings and the character of the relief sought under them, determines whether such action presents a case in chancery or an action in law.

CONTRACTS

(150 B) Where a petition declares upon a breach of contract and recites facts which, if proven, woul.d entitle the plaintiff to a money judgment, and the prayer of such petition asks for a money judgment and the' answer, denies the right thereto, such action is one at law “for money only”, in which either party might demand a jury trial, and is not a suit in chancery for equitable relief, even though the appointment of a receiver, an allowance of an injunction and an accounting are asked as ancillary and incidental to the main relief sought. Such action is not appealable.