Legal Opinion

Flender Corp. v. Tippins International, Inc.

Superior Court of Pennsylvania

Decided August 18, 2003PublishedCited by 14 opinions

1Opinion of the Court

OPINION BY

JOHNSON, J.:

¶ 1 Tippins International, Inc., appeals the trial court’s order denying its motion to compel arbitration under the terms of a commercial contract. The trial court determined that the arbitration clause on which Tippins relies was merely a part of its offer of purchase and never became a part of the parties’ contract. The court determined, in addition, that the parties formed a contract through course of conduct pursuant to section 2207(c) of the Pennsylvania Commercial Code that did not include an arbitration provision. Upon review, we conclude that the trial court did…

2Cases cited22 opinions

  1. Kmonk-Sullivan v. State Farm Mutual Automobile InsuranceSupreme Court of Pennsylvania · 2001
  2. Daitom, Inc. v. Pennwalt CorporationCourt of Appeals for the Tenth Circuit · 1984
  3. Frank E. Dorton and J. A. Castle, Partners, D/B/A the Carpet Mart v. Collins & Aikman Corporation and Painter Carpet Mills, Inc.Court of Appeals for the Sixth Circuit · 1972
  4. Midomo Co. v. Presbyterian Housing Development Co.Superior Court of Pennsylvania · 1999
  5. Superior Boiler Works, Inc. v. R.J. Sanders, Inc.Supreme Court of Rhode Island · 1998

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

3Cited by14 opinions

  1. Wolfington v. Reconstructive Orthopaedic Assocs. II PCCourt of Appeals for the Third Circuit · 2019
  2. Smay v. E.R. Stuebner, Inc.Superior Court of Pennsylvania · 2004
  3. Patriot Commercial Leasing Co. v. Kremer Restaurant Enterprises, LLCSuperior Court of Pennsylvania · 2006
  4. Company Image Knitware, Ltd. v. Mothers Work, Inc.Superior Court of Pennsylvania · 2006
  5. General Steel Corp. v. CollinsCourt of Appeals of Kentucky · 2006

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

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