GEMSTONE BUILDERS, INC. v. STUTZ

160825106; A141847.

261 P.3d 64 (2011)

245 Or. App. 91

GEMSTONE BUILDERS, INC., Plaintiff-Respondent, v. Jeff STUTZ and Jennifer Stutz, Defendants-Appellants.

Court of Appeals of Oregon.

Decided August 17, 2011.


Attorney(s) appearing for the Case

George W. Kelly , Eugene, argued the cause and filed the brief for appellants.

Joel DeVore , Eugene, argued the cause for respondent. With him on the brief was Luvaas Cobb .

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge Pro Tempore.


ORTEGA, P.J.

Defendants appeal the denial of their petition to compel arbitration. ORS 36.730(1)(a). Because we conclude that the contract between plaintiff and defendants requires binding arbitration of their disputes, we reverse and remand.

The facts in the record are few. Plaintiff, a contractor, sued defendants, who had hired plaintiff to build a house for them. Plaintiff asserted claims for breach of contract, unjust enrichment, and fraud.

The...

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