Wilson Fertilizer & Grain, Inc. v. ADM Milling Co.
Indiana Court of Appeals
1Opinion of the Court
OPINION
BARTEAU, Judge.
Wilson Fertilizer & Grain, Inc. (Wilson) appeals the trial court's order dismissing its action against ADM Milling Company (ADM) and ordering the parties to arbitration.
FACTS
Wilson and ADM entered into a contract under which Wilson shipped grain to ADM. A broker facilitated the deal between Wilson and ADM, and sent each party a confirmation of trade. The confirmation of trade did not contain an arbitration provision. ADM sent a purchase confirmation to Wilson that contained boiler plate language which states: "This contract is also subject to the Trade Rules of the…
Also in this document: Concurrence.
2Cases cited19 opinions
- In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
- N&d Fashions, Inc., a Minnesota Corporation and Nelly Don, Inc., a Missouri Corporation v. Dhj Industries, Inc., a New York CorporationCourt of Appeals for the Eighth Circuit · 1977
- Frank E. Dorton and J. A. Castle, Partners, D/B/A the Carpet Mart v. Collins & Aikman Corporation and Painter Carpet Mills, Inc.Court of Appeals for the Sixth Circuit · 1972
- Schubtex, Inc. v. Allen Snyder, Inc.New York Court of Appeals · 1979
- Schulze and Burch Biscuit Company v. Tree Top, Inc.Court of Appeals for the Seventh Circuit · 1987
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Gibson v. Neighborhood Health Clinics, Inc.Court of Appeals for the Seventh Circuit · 1997
- Avedon Engineering, Inc. v. SeatexCourt of Appeals for the Tenth Circuit · 1997
- MPACT Construction Group, LLC v. Superior Concrete Constructors, Inc.Indiana Supreme Court · 2004
- Bayway Refining Company, Tosco Corporation, Counter v. Oxygenated Marketing and Trading A.G., CounterCourt of Appeals for the Second Circuit · 2000
- Sanford v. Castleton Health Care Center, LLCIndiana Court of Appeals · 2004
20 more not listed; retrieve them via the Exa API.