Loudon Manufacturing, Inc. v. American & Efird Mills, Inc.

Judgment, Supreme Court, New York County, entered on March 5, 1974, unanimously reversed, on the law, and vacated, the motion to stay arbitration denied and the petition dismissed. Appellant shall recover of respondent $40 costs and disbursements of this appeal. The issue on this application to stay arbitration is whether the parties agreed to arbitrate. It appears that respondent made inquiry of the appellant about buying yarn on credit. Appellant replied that a deposit of $32,000 would be required. A check in that amount was delivered, and shortly thereafter representatives of the parties…