Legal Opinion

Wilson Fertilizer & Grain, Inc. v. ADM Milling Co.

Indiana Court of Appeals

Decided August 17, 1995No. 49A05-9411-CV-462PublishedCited by 25 opinions

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

  1. In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
  2. 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
  3. 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
  4. Schubtex, Inc. v. Allen Snyder, Inc.New York Court of Appeals · 1979
  5. Schulze and Burch Biscuit Company v. Tree Top, Inc.Court of Appeals for the Seventh Circuit · 1987

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3Cited by25 opinions

  1. Gibson v. Neighborhood Health Clinics, Inc.Court of Appeals for the Seventh Circuit · 1997
  2. Avedon Engineering, Inc. v. SeatexCourt of Appeals for the Tenth Circuit · 1997
  3. MPACT Construction Group, LLC v. Superior Concrete Constructors, Inc.Indiana Supreme Court · 2004
  4. Bayway Refining Company, Tosco Corporation, Counter v. Oxygenated Marketing and Trading A.G., CounterCourt of Appeals for the Second Circuit · 2000
  5. Sanford v. Castleton Health Care Center, LLCIndiana Court of Appeals · 2004

20 more not listed; retrieve them via the Exa API.

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