An uncontradicted affidavit shows by a preponderance of the evidence: 1. the existence of an agreement to arbitrate between the parties, albeit through circumstantial evidence that appellees purchased a car from Thames, every car purchaser is made to sign an arbitration agreement, and that appellees could not have purchased a car without executing an arbitration agreement; 2. the present unavailability of the arbitration agreement; and 3. the contents of the missing arbitration agreement.
January 23, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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