Supreme Court of Alabama

America’s Home Place, Inc. v. Gregory Rampey

October 24, 20142014 Ala. LEXIS 176

Summary

The Alabama Supreme Court reversed the trial court’s denial of America’s Home Place’s motion to compel arbitration, holding that the plaintiff’s initials next to the arbitration provision demonstrated assent despite a forged signature beneath the clause. The Court reasoned that a contract need not have each provision signed for it to be enforceable and that the plaintiff cannot accept the contract’s benefits while repudiating its arbitration clause. Justice Murdock concurred in the result but criticized the majority’s reliance on Stiles and the principle that a plaintiff cannot avoid an arbitration provision. The case was remanded for the lower court to grant the motion to compel arbitration.