Application of Doughboy Industries, Inc. to Stay Arbitration
Appellate Division of the Supreme Court of New York
233 N.Y.S.2d 488 (1962)
Relevant factsFree
Doughboy's (defendant) purchase-order form required any term changes to be in a writing signed by Doughboy, while Pantasote's (plaintiff) responding acknowledgment form included a general arbitration clause and stated Doughboy would be bound unless it objected within a set time; neither party objected to the other's form, and when a dispute arose, Pantasote sought to compel arbitration under its form's clause.
IssueFree
Whether, if the forms creating a contract are in conflict, a material term may be added by implication.