NCR Corp. v. Mr. Penguin Tuxedo Rental & Sales, Inc.

DICKENSON, Justice.

Mr. Penguin Tuxedo Rental and Sales, Inc. sued NCR Corporation and its sales representative, Sanders Bailey, after a dispute developed over a computer system which had been purchased by plaintiff. Plaintiff alleged deceptive trade practices and fraudulent misrepresentations, seeking actual damages in excess of $100,000 and exemplary damages in excess of $2,030,000.

Defendants filed their “Motion for Stay of Action Pending Arbitration and Plea in Abatement.” On August 15, 1983, the trial court entered its “Order Overruling Motion to Compel Arbitration.” Defendants have…