United Service Agencies v. Continental Casualty Co.

AKIN, Justice.

United Service Agencies sued Continental Casualty Company for fraudulently inducing its entrance into an agency contract and for wrongfully terminating the contract. After Continental answered, United filed a motion for nonsuit. On the same day that United filed the motion for nonsuit, Continental filed a counterclaim seeking a declaratory judgment declaring the contract between the parties to be valid, including Continental’s right to termination of the contract, and damages for United’s failure to pay over a premium made to it as agent for Continental as required by the…