State Ex Rel. Fancher v. Everett

The lower court having issued a temporary writ of prohibition, on the return day thereof, upon demurrer to the petition and affidavits in support thereof, sustained the demurrer and dismissed the proceeding.

The only question involved is, whether a party to a contract embodying an arbitration agreement may revoke the arbitration clause of the contract when disputes arise between the parties. The arbitration clause of the contract in question is as follows:

“Ir case the parties hereto shall not he able to agree as to any matter covered by this contract, or as to the time when the work is…