Cook's Pest Control, Inc. v. Robert and Margo Rebar Case Brief

Cook?s Pest declare, Inc. v. Robert and Margo Rebar1010897Supreme Court of AlabamaDecember 13, 2002FactsOn August 28, 2000, Cook?s Pest Control and Mr. & Mrs. Rebar entered into a renewable ? termite Control Agreement? for 1 year. Under that agreement, Cook?s Pest Control was obligated to inspect for and treat termites for the Rebars.

On August 16, 2001, Mrs. Rebar paid for the renewal of the contract and submitted an ?Addendum to guest Agreement?. The agreement changed the legal injury of the contract, including a statement that ?arbitrement shall not be required for any prior or future dealings between Cook?s and Customer.? The supplement also stated that ?Continued honoring of this account by [Cook?s Pest Control] acknowledges agreement to [the] terms.?Procedural HistoryOn August 30, 2001, the Rebar filed perform against Cook?s Pest Control alleging fraud, negligence, develop of contract, breach of warranty, breach of duty to warn, unjust enrichment, breach of duty, negligent training, direction and retention of employees, and bad-faith failure to pay and bad-faith failure to investigate a claim. Cook?s moved to tie arbitration base upon the arbitration provision contained in the agreement. The Rebars opposed the motion to compel arbitration. On December 18, 2001, the trial court denied Cook?s motion to compel arbitration. Cook?s Pest Control appealed.

IssueThe issue at hand is whether the trial court incorrectly found that Cook?s Pest Control had pass judgment the terms contained in the Rebar?s addendum.

Arguments of the PartiesCook?s Pest ControlThe appellate argues that the trial court incorrectly found that it had accepted the terms in the addendum, and that the addendum itself was ?an improper attempt to unilaterally spay an existing contract.? Cook?s also asserted that the employees who negotiated the embarrass from the Rebars were not authorized to enter into a contract on behalf of the company.

Mr. & Mrs. RebarThe Rebars...

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