Dorton v. Collins & Aikman Corp.
United States Court of Appeals for the Sixth Circuit
453 F.2d 1161 (1972)
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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.