W. R. Grace & Co. v. Mitsubishi Shoji Kaisha, Ltd.

Headnote

Contract ■ — • arbitration — contract for purchase and sale of goods containing arbitration clause — dispute as to sufficiency of quantity delivered —• ordered that arbitration proceed.

Matter of Grace & Co. v. Mitsubishi Shoji Kaisha, Lid., 220 App. Div. 820 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1927, which reversed an order of Special Term

denying a motion, by respondent, to compel the appellant to proceed to arbitration and granted said motion. The parties hereto had entered into a written contract for the purchase and sale of goods containing a clause providing that “ any dispute arising under this agreement shall be settled by arbitration.” The purchaser claimed that the seller had failed to deliver the required amount of goods, while the seller contended that delivery was in accordance with the precise terms of the contract.