Circle S. Enterprises, Inc. v. Stanley Smith & Sons

Sanders, Chief Judge:

This is an appeal of a Circuit Court order enjoining appellant Stanley Smith & Sons from proceeding to have a dispute with respondent Circle S Enterprises, Inc. decided by arbitration. We reverse.

The parties entered into a contract by which Stanley Smith agreed to construct a certain auto-truck stop for Circle S at the intersection of United States highways 1-20 and 21, and Circle S agreed to pay Stanley Smith $382,755. The contract contained a provision by which the parties also agreed that any dispute between them arising out of the contract “shall be decided by…