Legal Opinion
Mamlin v. Susan Thomas, Incorporated
Court of Appeals of Texas
Decided January 18, 1973No. 18029PublishedCited by 34 opinions
1Opinion of the Court
GUITTARD, Justice.
Our question is whether the trial court properly dismissed this suit because of plaintiff’s failure to initiate arbitration proceedings in accordance with the contract between the parties. We hold that the dismissal was proper.
Plaintiff A1 Mamlin alleged in his petition that he was employed by defendant Susan Thomas, Inc., a New York manufacturer, as a sales representative in Texas and five other states under a written contract providing for a commission of six per cent on shipments into his territory. He alleged that defendant made shipments into his territory in April and…
2Cases cited22 opinions
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
- Hilti, Inc. v. John OldachCourt of Appeals for the First Circuit · 1968
17 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In Re Bruce Terminix Co.Texas Supreme Court · 1998
- Brown v. KFC National Management Co.Hawaii Supreme Court · 1996
- Gold Coast Mall, Inc. v. Larmar Corp.Court of Appeals of Maryland · 1983
- Commonwealth Edison Co. v. Gulf Oil Corp.Court of Appeals for the Seventh Circuit · 1976
- Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1977
29 more not listed; retrieve them via the Exa API.