Contracts Keyed to Murphy
Textile Unlimited, Inc. v. A.BMH and Company, Inc
After dealing with one another for ten months and conducting approximately 38 transactions with one another, Plaintiff received some yarn from Defendant that it contended was defective. Defendant, in accordance with the terms of its invoices submitted the matter to arbitration in Atlanta, Georgia. Plaintiff filed suit to enjoin the arbitration, claiming it did not agree to arbitration in their original contractual arrangement and that arbitration was prejudicial to the Plaintiff. Defendant argued that Plaintiff accepted its agreement because their contract provided that Plaintiff “accepted these terms in full.”
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