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TRIARCH INDUSTRIES, INC. v. CRABTREE

No. SC 86107.

158 S.W.3d 772 (2005)

TRIARCH INDUSTRIES, INC., Appellant, v. Paul A. CRABTREE, d/b/a Crabtree Painting, Inc., Respondent.

Supreme Court of Missouri, En Banc.

April 5, 2005.

Attorney(s) appearing for the Case

Susan Eisenbraun, David A. Kraft, Art J. Neuhedel, Ronald S. Weiss, Kansas City, for Appellant.

Martin M. Meyers, James L. Baker, Kansas City, for Respondent.

LAURA DENVIR STITH, Judge.

Triarch Industries, Inc., appeals the trial court's denial of its motion to compel Paul Crabtree to arbitrate the parties' contract dispute. The trial court's judgment is affirmed. The contract gave Triarch the option of choosing either to litigate or to arbitrate any dispute. Triarch chose to litigate and filed suit in the Jackson County Circuit Court. The contract did not give it a right to change its mind and compel arbitration once it...

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