In re the Arbitration Between Wesley Simpson, Inc. & Joyce Fashions, Inc.

There is in this case a sharp issue of fact as to whether a written contract to arbitrate ever came into existence. Appellant admits making and signing the order dated May 12, 1948. This writing, which contained a provision for arbitration of all future disputes, standing alone, was not a contract. By its very terms there was to be no contract until the order was signed and delivered by buyer to seller and accepted in writing by seller or until buyer or his agent had accepted delivery of the whole or any part of the goods. If the statements of the affiants for appellant are to be believed,…