McDowell Welding & Pipefitting, Inc. v. United States Gypsum Co.

Plaintiff brought this action, alleging that defendants had failed to pay for work that plaintiff had done on a construction project. Defendants denied that allegation and alleged, as an affirmative defense, that plaintiff had agreed to release its claims against defendants in return for defendants paying plaintiff $896,000. Defendants also counterclaimed for specific performance of that settlement agreement. On defendants’ motion, the trial court bifurcated the trial and agreed to try defendants’ counterclaim for specific performance of the settlement agreement before trying plaintiffs…