For Your Data Michael-Curry Co. V. Knutson Shareholders Illustration Brief
February 16, 2015
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Michael-Curry Co. v. Knutson Shareholders illustration brief summary
449 N.W.2d 139 (1989)
CASE FACTS
The companies brought a trial against the trust inwards the district courtroom claiming breach of contract later on the trust refused to arbitrate the companies' claim too every mo good requested, under § 572.09(a), an club compelling arbitration of all claims. The trust answered alongside a full general denial of liability, counterclaimed alongside the defence of fraud inwards the inducement, too sought, pursuant to § 572.09, a remain of arbitration pending judicial disposition of the fraud claim. The trust contested the courtroom of appeals judgment reversing the trial courtroom club that the arbitration clause inwards the understanding did non apply to the include the claim of fraud inwards the inducement of the amendment.
DISCUSSION
CONCLUSION
The courtroom affirmed the judgment of the courtroom of appeals challenged past times the trust too the trustees, which was entered for the companies too that reversed the trial courtroom judgment that the arbitration clause inwards the parties' understanding did non remove arbitration of the number of if the alteration of that understanding resulted from inducement past times fraud.
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449 N.W.2d 139 (1989)
CASE SYNOPSIS
Appellants, trust too trustees, petitioned for review past times the courtroom of a judgment from the Court of Appeals (Minnesota) that was granted inwards favor of respondent companies that reversed the trial courtroom judgment that the arbitration clause inwards the parties' stock buy understanding (agreement) did non compel, pursuant to Minn. Stat. § 572.09(a) (1988), arbitration of the number of whether the amendment to that the understanding was fraudulently induced.CASE FACTS
The companies brought a trial against the trust inwards the district courtroom claiming breach of contract later on the trust refused to arbitrate the companies' claim too every mo good requested, under § 572.09(a), an club compelling arbitration of all claims. The trust answered alongside a full general denial of liability, counterclaimed alongside the defence of fraud inwards the inducement, too sought, pursuant to § 572.09, a remain of arbitration pending judicial disposition of the fraud claim. The trust contested the courtroom of appeals judgment reversing the trial courtroom club that the arbitration clause inwards the understanding did non apply to the include the claim of fraud inwards the inducement of the amendment.
DISCUSSION
- The courtroom granted the petition for review brought past times the trust too affirmed the judgment of the courtroom of appeals.
- The courtroom held that this arbitration clause that provided for arbitration of whatever disputation or claim arising out of or relating to the making of the amendment compelled arbitration of the number of whether the amendment was fraudulently induced.
- The courtroom of appeals correctly decided that the clause was sufficiently wide to include the submission of the fraud claim to arbitration.
CONCLUSION
The courtroom affirmed the judgment of the courtroom of appeals challenged past times the trust too the trustees, which was entered for the companies too that reversed the trial courtroom judgment that the arbitration clause inwards the parties' understanding did non remove arbitration of the number of if the alteration of that understanding resulted from inducement past times fraud.
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