Legal Opinion

Alspaugh v. DISTRICT COURT IN & FOR CTY. OF BOULDER

Supreme Court of Colorado

Decided February 23, 1976No. 26960PublishedCited by 8 opinions

1Opinion of the CourtJustice Groves

This is an original proceeding in which we issued a rule to show cause why the district court had not exceeded its jurisdiction in refusing to compel arbitration according to an arbitration provision in a construction contract. We discharge the rule.

On March 12, 1974, Paul Mullins Construction Co., (hereinafter “Contractor”) and Mark H. and Juanita S. Alspaugh, (hereinafter “Homeowners”), entered into a contract for the construction of a home in Boulder County. The contract contained an arbitration clause which reads as follows;

“Article ¡5 Arbitration. All claims or disputes arising out of…

2Cases cited3 opinions

  1. Leonhart v. District CourtSupreme Court of Colorado · 1958
  2. Prinster v. District Court of Seventh Judicial Dist.Supreme Court of Colorado · 1958
  3. Gillette v. BrookhartMercer County Court of Common Pleas · 1954

3Cited by8 opinions

  1. State ex rel. CNG Financial Corp. v. NadelOhio Supreme Court · 2006
  2. Coquina Oil Corp. v. District Court of the Ninth Judicial DistrictSupreme Court of Colorado · 1981
  3. Fisher v. County Court of the City & County of DenverColorado Court of Appeals · 1986
  4. Hunter v. District CourtSupreme Court of Colorado · 1977
  5. Pueblo v. Pueblo Ass'n of Government EmployeesColorado Court of Appeals · 1992

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