We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
TEXTILE--MOTION TO STAY--EXISTENCE OF VALID ARBITRATION AGREEMENT--INTENT TO BE BOUND--ALTERED CONTRACT.
- Abstract
This article reports that in the case of Southern Spindle and Flyer Co. Inc. v. Milliken & Co., the court declined to stay the action pending arbitration because it determined that no valid contract containing an agreement to arbitrate existed between the parties. The parties entered into an oral contract for the rigging, loading and transporting of some machinery. After substantial performance of its services under the original agreement, the plaintiff received a purchase order that described the services agreed to and contained several other terms, including an agreement to submit disputes to arbitration. chase order. The defendant subsequently cancelled the contract before performance was completed. The plaintiff instituted an action to recover amounts clue under the contract, but the defendant moved to stay, arguing that arbitration was compelled under the terms of the agreement. The court noted that the purchase order constituted an offer to alter the existing contract, to which the plaintiff did not agree.
- Subjects
ARBITRATION &; award; MILLIKEN &; Co.; ACTIONS &; defenses (Law); PURCHASE orders; BUSINESS records; COMMERCIAL law
- Publication
Arbitration Journal, 1982, Vol 37, Issue 1, p70
- ISSN
0003-7893
- Publication type
Article