Grandis Family Partnership, Ltd. v. Hess Corp.

APT (plaintiff) and Hess (defendant) signed a written agreement for APT to replace lighting at Hess's gas stations; the agreement itself had no arbitration clause, but Hess argued that Schedule C's reference to "purchase orders" incorporated by reference Hess's separate standard Purchase Order (previously sent to APT for other orders), which itself contained an arbitration clause found on Hess's website. Hess presented evidence it had shown APT a sample Purchase Order at an earlier meeting and had sent the same form for a prior ballast order; APT denied familiarity with or having received the specific Purchase Order form, and denied the June 2007 purchase orders resembled Hess's standard form.