This section contains the nature of the case and procedural background.

P agreed to purchase a building engineered to specifications and delivered by D. The contract contained a clause stating that it could not be modified unless in writing and signed by both parties. Paragraph 16 on the separate 'conditions' page contained a dispute resolution clause requiring arbitration of 'any controversy or claim arising out of or relating to this contract, or the breach thereof,' naming Denver, Colorado, as the situs of the arbitration. P obliterated the arbitration clause by marking it out entirely. P filed a complaint against D seeking to recover a$ 24,000.00 deposit made toward the purchase of the steel building. D denied that P was entitled to a refund of the deposit. D moves that the complaint be dismissed and that the matter be referred to arbitration as set forth within the contract. The court held there was 'no meeting of the minds' with respect to an agreement to arbitrate any dispute arising between the parties. The trial court denied the motion. D appealed. D argues that P's obliteration of the arbitration provision of the contract did not affect the enforceability of the clause. It also contends that the trial court lacked jurisdiction to decide the issue.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.