Wilbur-Ellis Co. v. Hawkins

Plaintiff appeals the trial court’s order denying its motion to stay litigation pending arbitration. We review the order for errors of law, Berger Farms v. First Interstate Bank, 148 Or App 33, 41, 939 P2d 64 (1997), rev den 326 Or 62 (1998), and reverse and remand with instructions to enter a stay of litigation pending arbitration.

Plaintiff is a California corporation qualified to sell agricultural chemicals and supplies in Oregon. Defendants are commercial farmers. Between October 1995 and July 1996, plaintiff sold defendants $50,210.45 worth of crop supplies and services on credit. In the…