· 10/12/2007
In Re U.S. Home Corp.
Citations
- 236 S.W.3d 761
- 51 Tex. Sup. Ct. J. 42
- 2007 Tex. LEXIS 915
- 2007 WL 2965079
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding there was no evidence of fraud as relators conceded that no one prevented them from reading the backside of a single sheet contract that contained the arbitration clause
- explaining that a party cannot avoid a contract clause by simply failing to read it and that if a party was not prevented from reading a contract provision, then there is no evidence of fraud
- holding there was no evidence of fraud as relators conceded that no one prevented them from reading the back-side of a single sheet contract that contained the arbitration clause
- interpreting a provision that either party “may request” arbitration as “a binding promise to arbitrate if either party requested it”
- finding no indication in contract that parties who agreed to mediate prior to arbitration intended to dispense with arbitration if mediation did not occur first, although defendant could have sought to delay arbitration pending mediation
- “Like any other contract clause, a party cannot avoid an arbitration clause by simply failing to read it.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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