Southwest By-Products, Inc. v. Stubblefield

Plaintiff corporation filed a petition in two counts seeking (1) specific performance of a contract for the sale of land, and (2) damages allegedly caused by defendant’s failure to convey the land. Defendant answered. Thereafter, defendant filed a counterclaim in two counts alleging (1) that the transaction was permeated with fraudulent representations as to the value of the land, and (2) that the instant suit amounted to an abuse of process.

On April 27, 1977, the circuit court made an entry upon the docket which stated “. . . Count I and Count II are severed for purposes of trial.” The entry…