Bruce Terminix Co. v. Carroll

OPINION

CUMMINGS, Justice.

In this original proceeding, the Relator, Bruce Terminix Company, seeks a writ of mandamus to require the trial court to submit the dispute to arbitration. We decline to issue the writ.

FACTUAL AND PROCEDURAL BACKGROUND

This original proceeding stems from a contract dispute between Terminix, the defendant in the underlying suit, and Kay Bates, the plaintiff. In 1990, Bates entered into a contract with Terminix in which Terminix agreed to protect Bates’ home from termites. The contract contained the following provision:

10. ARBITRATION. The Purchaser and Terminix agree…