TIM ADAMS ET AL. V. CMH HOMES, INC. - Articles

All Content


Posted by: Amelia Ferrell Knisely on Apr 28, 2016

Court: TN Court of Appeals

Attorneys 1:

William S. Rutchow and Jennifer S. Rusie, Nashville, Tennessee, for appellant, CMH Homes, Inc.

Attorneys 2:

Wilton Marble, Cleveland, Tennessee, for appellees, Tim Adams and Pamela Adams.

Judge(s): SUSANO

The issue on this appeal is the enforceability of an arbitration agreement. Tim and Pamela Adams (Plaintiffs) bought a mobile home from CMH Homes, Inc. (Defendant). As part of the transaction, Plaintiffs signed an arbitration agreement after they were told by Defendant’s sales manager that they “had to sign the papers in order to get the home moving.” This statement was false, although the manager testified that he was unaware of its falsity at that time. Plaintiffs alleged fraudulent inducement with respect to the arbitration agreement. After a hearing, the trial court ruled that Plaintiffs established their fraudulent inducement claim. As a consequence, the court set aside the arbitration agreement. Defendant appeals. We affirm.

Attachments: