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FITE & WARMATH CONST. CO., INC. v. MYS CORP.

559 S.W.2d 729 (1977)

FITE AND WARMATH CONSTRUCTION COMPANY, INC., Appellant, v. MYS CORPORATION et al., Appellees.

Supreme Court of Kentucky.

December 9, 1977.

Attorney(s) appearing for the Case

G. Griffin Boyte, Warmath & Boyte, Humboldt, Tenn., Norman E. Harned, Cole, Harned & Broderick, Bowling Green, for appellant.

Trimble, Soyars & Breathitt, Hopkinsville, for MYS Corp., Hopkinsville Associates, and Manufacturers Hanover Trust Co.

Milburn C. Keith, Douglas Myers, Keith, Scent, Kirkham & Walton, Hopkinsville, for MYS Corp.

W. E. Rogers, Jr., Hopkinsville, for Planters Bank & Trust Co., Mrs. Gladys Braswell Tate, Frances Tate Rogers and W. E. Rogers, Jr., her husband, Edith Tate LaMotte and Golliday LaMotte, her husband, and Lillian Tate.

Pollard White, Hopkinsville, for Barbara Nell Land and her husband, Myrick E. Land.

Thorpe L. Wolford, Louisville, for Manufacturers Hanover Trust Co.

James R. Reid, Hopkinsville, for Henderson-Moorefield Lumber Co., Inc.

W. Edward Whitfield, Johnson & Whitfield, Hopkinsville, for Naturalite, Inc.

Charles W. Latham and James P. Hanratty (now deceased), Hopkinsville, for Charles W. Latham d/b/a Charles W. Latham Truck Lines.

Maubert R. Mills, Mills, Mitchell, Turner & Donan, Madisonville, for Cantrell Sheet Metal and Roofing Co.

John Phelps & Sons, Inc., Memphis, Tenn., for Jackson Paving Co., Inc.

REED, Justice.

The decisive issue presented by this appeal is whether the trial court was correct in enforcing a contractual agreement to arbitrate instead of applying what is generally described as the common-law rule, which regards as revocable by either party any agreement between them to arbitrate future disputes.

In November 1969, Fite and Warmath Construction Company, Inc., a Tennessee corporation, entered into a "cost-plus" contract with MYS Corporation...

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