BOLO CORPORATION v. HOMES & SON CONSTRUCTION CO.

No. 9674.

105 Ariz. 343 (1970)

464 P.2d 788

BOLO CORPORATION, a California corporation, Appellant, v. HOMES & SON CONSTRUCTION CO., Inc., an Arizona corporation, Appellee.

Supreme Court of Arizona, In Division.

Rehearing Denied February 17, 1970.


Attorney(s) appearing for the Case

Shimmel, Hill & Bishop, Phoenix, for appellant.

Moore, Romley, Kaplan, Robbins & Green, Phoenix, for appellee.


HAYS, Justice.

The appellant, Bolo Corporation, has appealed an order of the Superior Court granting the plaintiff-appellee's motion to compel arbitration. The argument raised in opposition is that the plaintiff, by its actions had waived its right to compel arbitration and must therefore proceed with the civil action originally brought. We agree with the position taken by the appellant for the reasons stated below.

The parties entered into a written contract...

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