MATTER OF D.J. SPORTSWEAR, INC.


169 A.D.2d 453 (1991)

In the Matter of the Arbitration between D.J. Sportswear, Inc., Respondent, and Stelmar Trading Corp., Respondent; Texunion, S. A., Appellant

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

January 10, 1991


Petitioner filled out its purchase order on broker Stelmar's predated contract of sale form, which contained a provision for arbitration. That form specifically subjected the contract to approval by seller Texunion, and bound the seller to its terms only upon issuance of its own contract of sale. Texunion neither formally approved the broker's contract nor issued its own contract of sale. Petitioner subsequently notified the broker...

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