Mitchem v. Joe N. Guy Co.
Mitchem v. Joe N. Guy Co.
Opinion of the Court
Plaintiff Mitchem operated as a subcontractor pursuant to several written agreements with defendant Joe N. Guy Company, Inc., as general contractor. Guy entered into an equipment lease for a hydraulic excavator needed by Mitchem to complete some of the work covered by its subcontracts because Mitchem was unable to lease the equipment on its own. Guy loaned the equipment to Mitchem pursuant to an oral agreement whereby Mitchem would cover the rental payments either by reimbursing Guy or by withholdings from periodic payments due under the subcontracts.
Mitchem filed a demand for arbitration with the American Arbitration Association for sums allegedly due under the written contracts between the parties. Guy answered and counterclaimed. One of the counts of the counterclaim alleged that Mitchem had wrongly converted the equipment and withheld it from Guy and that the lessor of the equipment had filed suit against Guy to recover rental payments and costs of repairs. The counterclaim alleged that Mitchem was liable to Guy for these sums and all sums which might be found due to the lessor in the pending lawsuit.
Mitchem filed a pleading in the superior court entitled “Motion for Stay of Arbitration.” In the pleading Mitchem asserted that the counterclaim relating to the equipment lease was not properly the
Judgment affirmed.
Even though Mitchem prayed for injunctive relief, his petition was in the nature of a complaint for declaratory judgment requesting the trial court to decide as a matter of law whether written contracts between the parties, which were clearly subject to arbitration, permitted Guy to seek reimbursement for the equipment lease as part of the arbitration proceedings. Before the trial court could rule on Mitchem’s prayer for injunctive relief it first had to make a decision whether, by law, payment for the leased equipment could be pursued under the written contracts. The denial of the prayer for injunctive relief necessarily indicates the trial court decided this point of law in favor of Guy. Thus, this appeal actually involves legal issues, not equitable issues, and is properly before this court on appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.