Dorton v. Collins & Aikman Corp

Plaintiff Dorton did business as "The Carpet Mart" and purchased carpets from defendant Collins & Aikman Corp at least 55 times over a 3 year period. Plaintiff discovered that some of the purchased carpets were an inferior carpet fiber. Plaintiff sued the defendant for fraud and misrepresentation. Defendant argued that plaintiff must go to arbitration.

Under UCC 2-207, if an arbitration provision materially alters an existing agreement, it will not be incorporated into the contract unless expressly agreed to by both parties.