Missouri Court of Appeals, Western District / May 14, 2019
Abdiana Properties, Inc., et al vs. Jerry Bengston, et al
Abdiana Properties, Inc. and Abdiana Ice House, Inc. sought private funding through the B.S.H.N. Defendants, who introduced them to Stone Development Inc. After paying a loan commitment fee, Abdiana did not receive funding or a refund, leading them to sue the B.S.H.N. Defendants for various claims including fraud and negligence. The B.S.H.N. Defendants appealed the trial court's denial of their motion to compel arbitration, arguing that arbitration clauses in two agreements should apply. The appellate court affirmed the denial, finding no valid arbitration agreement existed between the B.S.H.N. Defendants and Abdiana, as mutual assent was lacking for one agreement and the claims did not rely on the other.