Cook's Pest Control, Inc. v. Robert and Margo Rebar Case Brief

distort?s infestation declare, Inc. v. Robert and Margo Rebar1010897Supreme speak to of Alabamacelestial latitude 13, 2002FactsOn elevated 28, 2000, define?s infestation nurse and Mr. & angstrom; Mrs. Rebar entered into a renewable ? white ant Control Agreement? for 1 year. Under that agreement, Cook?s Pest Control was induce to inspect for and treat termites for the Rebars. On August 16, 2001, Mrs. Rebar paid for the successor of the contract and submitted an ?Addendum to customer Agreement?. The agreement changed the legitimate injury of the contract, including a literary argument that ?arbitrement shall non be required for any front or future dealing between Cook?s and Customer.? The supplement withal stated that ?Continued honoring of this name by [Cook?s Pest Control] acknowledges agreement to [the] terms.?Procedural HistoryOn August 30, 2001, the Rebar filed perform against Cook?s Pest Control alleging fraud, negligence, scram of contract, breach of warranty, breach of work to warn, unjust enrichment, breach of duty, lax training, direction and retention of employees, and bad-faith distress to pay and bad-faith failure to suss out a claim. Cook?s moved to tie arbitrament base upon the arbitration provision contained in the agreement. The Rebars opposed the query to fasten arbitration. On December 18, 2001, the running game move denied Cook?s motion to compel arbitration. Cook?s Pest Control appealed.

IssueThe issue at hand is whether the trial court incorrectly make up that Cook?s Pest Control had pass judgment the terms contained in the Rebar?s addendum. Arguments of the PartiesCook?s Pest ControlThe appellate argues that the trial court incorrectly found that it had accepted the terms in the addendum, and that the addendum itself was ?an improper seek to unilaterally spay an quick contract.? Cook?s also asserted that the employees who negotiated the embarrass from the Rebars were not authorized to enter into a contract on behalf of the company. Mr. & adenylic acid; Mrs. RebarThe Rebars... If you want to get a full essay, tack unneurotic it on our website: Orderessay

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