Clayton Devin successfully represented the plaintiff in a commercial dispute in the 362nd District Court in Denton County, Texas.
Bier and McDowell were business partners and close personal friends for many years, until they decided to divide their interests and go their separate ways. The two individuals and several entities controlled by them signed a release and settlement agreement which contemplated a second agreement to address certain claims and interests held by Bier.
Two of the contracting entities made payments to Bier but did not satisfy the contract’s requirements. Those entities had ceased business operations. The question for the jury was whether McDowell had promised individually to pay Bier.
The defense contended that only McDowell’s controlled entities were responsible for payment and also contended that Bier was individually responsible for payments under a defaulted lease agreement between one of McDowell’s entities and a company owned by Bier.
The jury found that McDowell did promise individually to pay Bier and awarded all damages requested. The jury rejected McDowell’s offset claims.