N&D (P) agreed to purchase 75,000 yards of fabric from DHJ (D). P orally told D of its requirements that the fabric be colorfast and noncolorfast dye would be unacceptable. P used the fabric delivered only to find out later that it was not colorfast. P sued for fraud and misrepresentation. The order form contained an arbitration clause, and D moved to stay proceedings pending arbitration. The District Court found that there was no agreement to arbitrate. D appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The applicable rule of law for this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.