[DOWNLOAD] "People v. Hester" by Illinois Appellate Court — Third District Judgment Affirmed " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Hester
- Author : Illinois Appellate Court — Third District Judgment Affirmed
- Release Date : January 12, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The Village of Carpentersville (Village) sought a determination in a declaratory judgment action that certain claims under a contract with the Page 129 Mayfair Construction Company (Mayfair) for reconstruction of waste treatment facilities in the Village were nonarbitrable. The trial court found that all claims were within the arbitration clause of the contract and ordered the parties to proceed to arbitration. The Village appeals. It contends that conditions precedent to arbitration in the contract were not met and that this issue must be decided by a court rather than the arbitrator; that procedural questions relating to arbitrability are similarly matters for the court; and that certain claims of Mayfair are not within the scope of the arbitration provisions of the contract. Mayfair, in addition to its counterarguments on the merits, contends that the Villages participation in the arbitration proceeding estops it from challenging arbitrability.