MATTER OF CONT'L NUT CO.


286 A.D. 1088 (1955)

In the Matter of the Arbitration between Continental Nut Company, Respondent, and Banner Candy Mfg. Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 29, 1955.


Order unanimously reversed, with $20 costs and disbursements to the respondent, and the motion to stay arbitration denied.

While there might be a question, if that were the issue, as to whether certain terms were incorporated in the contract of the parties, there is no doubt that they had a contract, containing an arbitration clause, under which both parties acted in carrying out their transaction. In accordance with their undertaking, any controversy arising out...

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