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FLENDER CORP. v. TIPPINS INTERN., INC.

830 A.2d 1279 (2003)

FLENDER CORPORATION, Appellee, v. TIPPINS INTERNATIONAL, INC., formerly known as Tippins Incorporated, Appellant.

Superior Court of Pennsylvania.

Filed August 18, 2003.

Attorney(s) appearing for the Case

Patrick K. Cavanaugh, Pittsburgh, for appellant.

Nicholas D. Krawec, Pittsburgh, for appellee.

BEFORE: JOHNSON, KLEIN, and POPOVICH, JJ.

OPINION BY JOHNSON, J.:

¶ 1 Tippins International, Inc., appeals the trial court's order denying its motion to compel arbitration under the terms of a commercial contract. The trial court determined that the arbitration clause on which Tippins relies was merely a part of its offer of purchase and never became a part of the parties' contract. The court determined, in addition, that the parties formed a contract through course of conduct pursuant to section 2207...

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