Bartelt Aviation, Inc. v. Dry Lake Coal Co.

HOWERTON, Judge.

Bartelt Aviation appeals from a summary judgment of the Harlan Circuit Court dismissing its action to enforce an arbitration award concerning an airplane sales contract. The court determined that the arbitration provision in Bartelt’s contract with Dry Lake Coal Company was unenforceable because it was not conspicuously incorporated by reference in the main body of the contract. We find this conclusion to be erroneous and reverse the judgment.

The retail purchase order or contract document is written on the front and reverse sides of a printed sheet 8V2 inches by 11 inches in…