decided: March 18, 1975.
W. V. PANGBORNE & CO., INC.
WARK & COMPANY AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND. APPEAL OF WARK & COMPANY
Appeal No. 121 January Term, 1974, from the Decree of the Court of Common Pleas of Philadelphia County at No. 1468 June Term, 1972; Ned L. Hirsh, Judge.
Arthur R. Littleton, Thomas C. Sadler, Jr., Morgan, Lewis & Bockius, G. M. Harvey, Philadelphia, for appellant.
Murray S. Levin, Philadelphia, Bruce L. Phillips, Robert F. Cushman, Philadelphia, for appellee, W. V. Pangborne & Co., Inc.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Roberts, J., filed a dissenting opinion.
Author: Per Curiam
[ 460 Pa. Page 588]
Opinion of the Court
Having examined the record, we are of opinion that the parties to this appeal agreed to arbitrate disputes arising under the contract between them and that the claims which the appellee seeks to arbitrate are not excluded from the arbitration agreement by any provision of the Subcontract, including Article IX. See generally Flightways Corp. v. Keystone Helicopter Corp., 460 Pa. 660, 331 A.2d 184 [filed January 27, 1975]; Borough of Ambridge Water Authority v. Columbia, Pa., 328 A.2d 498 (1974).
Decree affirmed. Costs on appellant.
[ 460 Pa. Page 589]
I dissent because the record does not establish that W. V. Pangborne & Co. and Wark & Co. agreed to arbitrate disputes arising under their subcontract. Therefore, the court of common pleas improperly ordered Wark to submit the dispute to arbitration.
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