Mustang Equipment, Inc. v. Welch

HAYS, Justice.

We are asked in this case to decide whether the nondisclosure of a pretrial covenant not to execute, made between the plaintiff and one of three codefendants, has any effect on, 1) the trial litigated without the knowledge that such pretrial agreements existed, and 2) the validity and enforceability of the covenant itself as between the agreeing parties.

This case comes to us on a petition for review. The facts and procedural background necessary for our determination of this matter are as follows.

On February 18, 1972, the vehicle which the plaintiff below, Ronald G. Welch, was…