Cook's v. Rebar(1)

Cook's v. Rebar(1) - Page: add Class Notes Cook's Pest...

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Page: add Class Notes Case: Court / Date: Judge: Facts: Cook’s Pest Control v. Rebar Sup. Ct. of Ala. 2002 J. Stuart Cook's Pest Control appeals from an order of the Jefferson Circuit Court denying its motion to compel arbitration in its case against the Rebars. On August 28, 2000, Cook's Pest Control and the Rebars entered into a one-year renewable "Termite Control Agreement." The agreement contained a mandatory, binding arbitration provision. When the initial term of the agreement was about to expire, Cook's Pest Control notified the Rebars and requested that they renew the agreement for another year by paying the renewal fee. On August 16, 2001, Mrs. Rebar submitted a payment to Cook's Pest Control; with the payment she included an addendum. The addendum proposed new terms for the agreement and notified Cook's Pest Control that continued service or negotiation of the renewal- payment check by Cook's Pest Control would constitute acceptance of those new terms. After it received the addendum, Cook's Pest Control negotiated the
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Cook's v. Rebar(1) - Page: add Class Notes Cook's Pest...

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