McDevitt & Street Co. v. Martin, Johnson & Walls, Inc.

Two lawsuits involving the same parties and arising out of the same transaction were consolidated for trial. The plaintiff in one of the lawsuits was a general contractor who was suing a subcontractor and the subcontractor’s surety for the alleged breach of two subcontracts and for the alleged wrongful filing of a mechanic’s lien by the subcontractor. The subcontractor counterclaimed, alleging that the contractor had breached the subcontracts, and sought enforcement of its claim. In the other lawsuit the subcontractor sued the contractor, seeking to recover possession of a trailer and other…