Silver Dollar City, Inc. v. Kitsmiller Construction Co.

The question is whether Kitsmiller Construction Company, Inc. (“Kitsmiller”), a Missouri corporation, is entitled to arbitration of a claim by it against Silver Dollar City, Inc. (“SDC”), a Missouri corporation. The dispute arises from a written agreement between the two dated June 27,1991, wherein Kitsmiller promised to perform certain work on a construction project and SDC promised to pay Kitsmiller $648,656. The agreement contained an arbitration provision, quoted infra.

This suit began April 10, 1992, when SDC filed a two-count petition against Kitsmiller. The petition averred Kitsmiller…