Legal Opinion

Fite & Warmath Const. Co., Inc. v. Mys Corp.

Kentucky Supreme Court

Decided December 9, 1977PublishedCited by 30 opinions

1Opinion of the Court

REED, Justice.

The decisive issue presented by this appeal is whether the trial court was correct in enforcing a contractual agreement to arbitrate instead of applying what is generally described as the common-law rule, which regards as revocable by either party any agreement between them to arbitrate future disputes.

In November 1969, Fite and Warmath Construction Company, Inc., a Tennessee corporation, entered into a “cost-plus” contract with MYS Corporation, a Kentucky corporation wholly owned by New York residents, in which Fite agreed to serve as general contractor for MYS in the…

2Cases cited11 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  3. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  4. Wilko v. SwanSupreme Court of the United States · 1953
  5. Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956

6 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Keating v. Superior CourtCalifornia Supreme Court · 1982
  2. Louisville Peterbilt, Inc. v. CoxKentucky Supreme Court · 2004
  3. Ex Parte Alabama Oxygen Co., Inc.Supreme Court of Alabama · 1983
  4. MERRILL LYNCH PIERCE, ETC. v. MelamedDistrict Court of Appeal of Florida · 1981
  5. Allison v. Medicab International, Inc.Washington Supreme Court · 1979

25 more not listed; retrieve them via the Exa API.

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