In re the Arbitration between Layton-Blumenthal, Inc.

The burden is upon a party applying to compel another to arbitrate, to establish that there was a plain intent by agreement to limit the parties to that method of deciding disputes. “ No one is under a duty to resort to arbitration unless by clear language he has so agreed ” (Matter of Lehman v. Ostrovsky, 264 N. Y. 130, 132). In this case, respondent-appellant bought the goods under spot orders placed with petitioner verbally and entered on its forms. These orders were produced and contained no arbitration clause. Petitioner claims that before delivery of the goods was made it prepared and…