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HOMES v. PEAY

No. 2009-CA-000657-MR.

ENERGY HOMES, A DIVISION OF SOUTHERN ENERGY HOMES, INC., APPELLANT, v. BRIAN PEAY AND LORI PEAY, APPELLEES.

Court of Appeals of Kentucky.

April 15, 2011.

Attorney(s) appearing for the Case

Elizabeth A. Deener , Larry C. Deener , Lexington, Kentucky, BRIEFS FOR APPELLANT.

Zack N. Womack , Henderson, Kentucky, BRIEF FOR APPELLEE.

BEFORE: CAPERTON, NICKELL AND THOMPSON, JUDGES.

Not to Be Published

OPINION

THOMPSON, JUDGE.

Energy Homes, A Division of Southern Energy Homes, Inc. (SEHI), appeals from an order denying its motion to compel arbitration. SEHI argues the trial court erred by finding: (1) the terms of a prior purchase agreement precluded a subsequent arbitration agreement; (2) there was no privity of contract and no consideration to support the arbitration agreement; and (3) the arbitration agreement was unconscionable...

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