Amazon Cotton Mills Co. v. Duplan Corp.

The questions involved in this appeal are altogether procedural. As stated in its brief, “the plaintiff institutes this action in the Superior Court of Davidson County, North Carolina, primarily to restrain the defendant from proceeding with arbitration in New York; and secondarily for the purpose of having all matters pertaining to the controversy decided by the duly constituted courts of North Carolina.”

The parties entered into five written contracts, the first on 16 December, 1954, and the fifth on 20 April, 1955, under the terms of which the plaintiff sold and delivered, and the defendant…