Brown v. Dewitt, Inc.

Frank Brown, Jr., appeals from a judgment dismissing his complaint. We reverse and remand.

The record indicates the following: Brown, an Alabama resident, and Dewitt, Inc., an Alabama corporation, entered into a "Preconstruction Purchase and Escrow Agreement" (the "Agreement"), under which Dewitt agreed to sell to Brown a unit in Nautilus condominiums, which were to be constructed by Dewitt. The Agreement contained an arbitration provision.

On January 31, 2000, Brown sued Dewitt, alleging that Dewitt had breached the Agreement by failing to convey the condominium. On February 28, 2000, Dewitt…