A.J. MacKay Co. v. Okland Construction Co.

ZIMMERMAN, Justice:

Appellant A.J. Mackay Company (“Mac-kay”) appeals from the trial court’s order denying its motion for summary judgment and granting summary judgment to appel-lee Okland Construction Company (“Ok-land”). Mackay, a subcontractor and the plaintiff below, sought a summary judgment to enforce an arbitration clause in an agreement between itself and Okland, the general contractor. Okland filed a cross-motion for summary judgment and a counterclaim. In support of its summary judgment motion, Okland asserted that Mackay could not bring and maintain an action on the contract because…