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Dorton v. Collins & Aikman Corp.

United States Court of Appeals for the Sixth Circuit
453 F.2d 1161 (1972)

Dorton v. Collins & Aikman Corp.


Dorton (plaintiff), who did business as Carpet Mart, purchased carpets from Collins & Aikman Corp. (Collins) (defendant) for three years before bringing an action against Collins for fraud and misrepresentation regarding the quality of the carpets. Collins moved to enforce an arbitration clause that was printed in small print on the reverse side of all of its sales acknowledgment forms. These forms were sent to Dorton in response to Dorton’s telephone orders and were received by Dorton in almost all cases prior to Dorton’s receipt of the carpet shipment. Dorton accepted each of the carpet shipments without objecting to the terms on the sales acknowledgment forms. Relying on U.C.C. § 2-207(3), the district court found that no binding arbitration agreement was formed between the parties and denied Collins’ request for a stay. Collins appealed the denial of a stay.

Rule of Law


Holding and Reasoning (Celebrezze, J.)

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Questions & Answers

Would it have been possible for Collins to not agree to additional terms?

If Collins had not accepted the delivery of the carpets and paid for them, could he have stated that he did not accept the additional terms instituted by Aikmans contract?

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