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

The majority concludes that the trial court did not err in denying plaintiff a jury trial on defendants’ counterclaim for specific performance of the parties’ purported settlement agreement. It reasons that plaintiff had to assign error to a ruling other than the trial court’s ruling that denied plaintiff a jury trial on defendants’ counterclaim. The majority is wrong. As I will explain, plaintiff was entitled to a jury trial on the factual issue that was common to plaintiffs claim and defendants’ counterclaim, which is whether the parties had entered into a settlement agreement.

Article I,…