Jim Walter Homes, Inc. v. Saxton
Supreme Court of Alabama
1Opinion of the Court
Jim Walter Homes, Inc., and Jerry Tinch (collectively "JWH"), defendants in an action pending in the Russell Circuit Court, appeal from that court's order denying their motion to compel arbitration. David Saxton, the plaintiff, argues that it was JWH's burden to prove to the trial court that there was an agreement to arbitrate, and that JWH failed to do so. We reverse and remand.
On April 12, 1999, Saxton entered into a contract with JWH for the construction and financing of a new house; attached as Exhibit D to the contract was a document entitled "Arbitration Agreement-Alabama." The house…
Also in this document: Concurrence.
2Cases cited18 opinions
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