Jackson State Bank v. Homar

GOLDEN, Justice.

Appellant Jackson State Bank appeals the district court’s denial of its motion to stay proceedings and for arbitration in a dispute concerning an arbitration clause in a lease agreement involving appellees Frank A. Homar, Sally Homar, Paul Ho-mar and Linda Martin, d/b/a Flat Creek Holdings and Chad R. Budge.

We reverse the lower court’s denial and remand this case for arbitration.

ISSUES

Appellant presents the following issues on appeal:

I. Whether § l-36-104(a) W.S.1977, as amended, requires a plaintiff to allege in his complaint that the opposing party has refused to arbitrate.

II…