Phelps v. Paolino

Superior Court of Rhode Island

Phelps v. Paolino

4 R.I. Dec. 130

CourtSuperior Court of Rhode Island

DecidedApril 25, 1928

DocketNo. 72866

StatusPublished

This text of 4 R.I. Dec. 130 (Phelps v. Paolino) is published on Counsel Stack Legal Research, covering Superior Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phelps v. Paolino, 4 R.I. Dec. 130 (R.I. Ct. App. 1928).

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Opinion

TANNER, P. J.

This is an action at law brought for the breach of the arbitration clause set forth in the case of Paolino vs. Phelps, et al., No. 71927, and is heard upon demurrer to the first count of the declaration.

Referring to the opinion in that case, we hold that while! the arbitration clause is no bar to an action upon the contract, it is, nevertheless, a valid clause of arbitration. We therefore can not say that an action may not be predicated upon the breach of this clause of arbitration.

The demurrer is 'therefore overruled.

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TANNER, P. J.

This is an action at law brought for the breach of the arbitration clause set forth in the case of Paolino vs. Phelps, et al., No. 71927, and is heard upon demurrer to the first count of the declaration.

Referring to the opinion in that case, we hold that while! the arbitration clause is no bar to an action upon the contract, it is, nevertheless, a valid clause of arbitration. We therefore can not say that an action may not be predicated upon the breach of this clause of arbitration.

The demurrer is 'therefore overruled.

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Bluebook (online)

4 R.I. Dec. 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-paolino-risuperct-1928.