Legal Opinion

MailSource, LLC v. M.A. Bailey & Associates, Inc.

Court of Appeals of South Carolina

Decided November 3, 2003No. 3688PublishedCited by 7 opinions

1Opinion of the Court

STILWELL, J.:

MailSouree, LLC, purchased a direct mail processing business from M.A. Bailey & Associates, Inc. Michael and Linda Bailey are the shareholders of M.A. Bailey (collectively Bailey). The asset purchase agreement contained a provision allowing either party to demand arbitration of any dispute arising out of or relating to the agreement. Bailey appeals the trial court’s denial of its motion to compel arbitration. We reverse.

FACTS

Pursuant to the agreement, MailSouree paid part of the purchase price at closing and executed a promissory note for the rest. As part of the transaction,…

2Cases cited9 opinions

  1. Louis Germany v. The River Terminal Railway Company, and Norfolk & Western Railway Company, Defendant-Cross-Claimant-AppelleeCourt of Appeals for the Sixth Circuit · 1973
  2. Anonymous v. State Board of Medical ExaminersSupreme Court of South Carolina · 1998
  3. Toler's Cove Homeowners Ass'n v. Trident Construction Co.Supreme Court of South Carolina · 2003
  4. Patterson v. ReidCourt of Appeals of South Carolina · 1995
  5. Liberty Builders, Inc. v. Horton Ex Rel. Estate of HortonCourt of Appeals of South Carolina · 1999

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Carlson v. South Carolina State Plastering, LLCCourt of Appeals of South Carolina · 2013
  2. Brailsford v. BrailsfordCourt of Appeals of South Carolina · 2008
  3. Tallent v. South Carolina Department of TransportationCourt of Appeals of South Carolina · 2005
  4. Brannon v. Palmetto BankCourt of Appeals of South Carolina · 2006
  5. State v. WilliamsCourt of Appeals of South Carolina · 2016

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API