Legal Opinion

Waldon, Inc. v. Clark Equipment Co.

Court of Civil Appeals of Oklahoma

Decided September 8, 1992No. 78330PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

GARRETT, Judge:

Waldon Inc. (Seller or Appellee), an Oklahoma corporation, received an order for forklift tri-lateral mast and head units from Clark Equipment Co. (Buyer or Appellant). The items ordered were manufactured and delivered. However, Buyer declined to pay the purchase price because (Buyer claims) the equipment was defective. Seller sued Buyer for the alleged balance due.

One of Buyer’s defenses was an allegation that the parties had agreed to arbitration. Buyer filed a motion to stay the underlying case pursuant to the Oklahoma Uniform Arbitration Act. 15 O.S.1991…

2Cases cited4 opinions

  1. Johnson v. Mid-South Sports, Inc.Supreme Court of Oklahoma · 1991
  2. Loffland Bros. Co. v. OverstreetSupreme Court of Oklahoma · 1988
  3. Bounds v. GoochSupreme Court of Oklahoma · 1923
  4. Morrow v. MorrowCourt of Civil Appeals of Oklahoma · 1980

3Cited by1 opinion

  1. Dixstar, Inc. v. Chemtex International, Inc. (In Re First Thermal Systems, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1995

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