(DOWNLOAD) "Trubowitch V. Riverbank Canning Co." by Supreme Court Of California * eBook PDF Kindle ePub Free
eBook details
- Title: Trubowitch V. Riverbank Canning Co.
- Author : Supreme Court Of California
- Release Date : January 24, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Plaintiffs instituted this proceeding in the superior court under section 1282 of the Code of Civil Procedure to enforce an agreement to arbitrate controversies arising under a written contract for the sale of 3,900 cases of No. 10 tomato paste from defendant's 1942 production. The contract was entered into on August 20, 1942, by defendant as seller and Pan American Food Corporation, plaintiffs' assignor as buyer and was on a form adopted by the Canners' League of California and approved by the National-American Wholesale Grocers' Association. It contained the following provisions: "Any controversy arising out of this contract shall be settled by arbitration in New York, Chicago or San Francisco. In the absence of agreement by the parties arbitration shall be held in the above city nearest to the point where the goods are located. Arbitrations shall be held before and under the rules of the joint arbitration boards appointed or approved by the National-American Wholesale Grocers' Association, the National Food Brokers' Association and the National Canners' Association. The arbitrators shall assess the costs of the arbitration and the decision shall be final and binding upon both parties, who hereby agree to comply therewith. No unimportant variations in the execution of this agreement shall constitute basis for a claim. Each party hereto hereby agrees that a judgment of the United States District Court in and for the District within which the award was made shall be entered upon the award made, but the State Courts shall have sole jurisdiction of enforcing this agreement to arbitrate and any arbitration award in all cases in which the United States District Court shall not have jurisdiction."
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