SEARS ROEBUCK AND CO. v. AVERY

No. COA02-925.

593 S.E.2d 424 (2004)

SEARS ROEBUCK AND CO., Plaintiff, v. Barbara AVERY, Defendant.

Court of Appeals of North Carolina.

March 16, 2004.


Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, P.L.L.C., by Douglas W. Hanna, Raleigh, for plaintiff-appellant.

Wilmer, Cutler & Pickering, by Christopher R. Lipsett, Daniel H. Squire and Michael D. Leffel, Washington, DC, for plaintiff-appellant.

Robert P. Holmes, Raleigh, for defendant-appellee.

Webb & Webb, by William D. Webb, Raleigh, for defendant-appellee.


GEER, Judge.

The primary issue before this Court is whether plaintiff, Sears Roebuck and Co. ("Sears"), validly added an arbitration provision to the terms of defendant Barbara Avery's Sears credit card agreement. While Sears, in arguing that it is entitled to compel arbitration, relies upon a provision in its cardholder agreement allowing it to change any term of the agreement, we hold, applying Arizona law, that Sears was only authorized by that provision to make...

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