88. Principal's claim for account.

88.     Principal's claim for account.

Where an agent fails to pay over to his principal on demand money received by him, the principal may bring a claim for money had and received1, and may also claim an account2.

The relationship of principal and agent ordinarily being fiduciary in character3, proceedings for an account lay in the Court of Chancery4 and are now brought, particularly if the accounts are complicated5, by a claim in the Chancery Division6. Where the accounts are of a simple nature, they can be taken in an ordinary claim in the Queen's Bench Division7. The