AKILAH LOUISE WOFFORD, ET AL. v. M. J. EDWARDS & SONS FUNERAL HOME INC, ET AL. - Articles

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Posted by: Chandra Williams on Nov 23, 2015

Court: TN Court of Appeals

Attorneys 1:

John R. Branson, Jacob A. Dickerson, and Austin K. Purvis, Memphis, Tennessee, for the appellants, M.J. Edwards & Sons Funeral Home, Inc.

Attorneys 2:

Kathryn E. Barnett, Nashville, Tennessee, for the appellee, Akilah Louise Wofford.

Judge(s): STAFFORD

This appeal concerns the enforceability of an agreement to arbitrate a dispute between a consumer and funeral home. The trial court refused to compel arbitration, finding no meeting of the minds as to the arbitration agreement. On appeal, the funeral home argues that this Court should consider not only the signed agreement, but also another document allegedly incorporated by reference into the parties’ contract in compelling arbitration. We hold: (1) the additional document providing details regarding arbitration was not incorporated by reference into the parties’ contract;; and (2) the arbitration provision actually contained in the parties’ contract is unenforceable because it is beyond the expectations of an ordinary person. Affirmed and remanded.

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