Devlin v. Shearson Hayden Stone, Inc.

SURRICK, J.,

This case is an action in assumpsit brought by Bernard J. Devlin against Shearson Hayden Stone, Inc. for the alleged breach of a Commodity Customer Agreement (hereinafter referred to as agreement or brokerage contract). Defendant filed an answer containing new matter in which it alleged that the brokerage contract contained an arbitration clause which applied to this alleged breach of contract. Plaintiff filed a reply to new matter acknowledging the existence of the brokerage contract but responding that, under the contract, he had the option of electing to arbitrate this dispute…