· 10/15/1881
Aull Savings Bank v. City of Lexington
Citations
- 74 Mo. 104
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that agreement to arbitrate refers to method of resolving the dispute, while lien serves as security to enforce any judgment or award
- explaining that agreement to arbitrate refers to method of resolving the dispute, while hen serves as security to enforce any judgment or award
- explaining that there is a difference between the duty to arbitrate under a general arbitration clause and the right to protect a mechanic’s lien
- “[An] arbitration provision is not a waiver of the . . . right to a [mechanics] lien.”
- “A waiver requires an actual intention to [forgo] a known right. Such a waiver should not be presumed; a clear expression of intent to waive the right must exist.” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Hough, Other
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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