Hoshman v. Esso Standard Oil Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where plaintiffs made out a clear case of fraud in the factum, the defendant was not entitled to entry of an order referring the matter to arbitration
• finding that the party desiring a trial on the enforceability of an arbitration agreement met the burdens under the T & R test
• holding that although the defendant-employee was not a party to an agreement, the claims against him were arbitrable because they arose out of his role as an employee and were based solely on the plaintiff’s contractual relationship with his employer
• relying upon T & R in stating parenthetically that “where signatures were lacking, issue of existence of agreement could not be resolved pursuant to arbitration clause”
• allegations of ineffective assent to contract containing arbitration clause are to be resolved by the court
• if the “allegation is one of fraud in the factum ... the issue is not subject to resolution pursuant to an arbitration clause.”

Source: CourtListener parenthetical corpus (CC0).