from the Iowa District Court for Polk County, Jeffrey D.
Co-op appeals a district court ruling denying its motion to
F. Lorentzen of Nyemaster Goode, P.C., Des Moines, for
C. Badding of Neu, Minnich, Comito, Halbur, Neu &
Badding, P.C., Carroll, for appellee.
by Vogel, P.J., and Potterfield and Mullins, JJ.
Co-op (Heartland) appeals a district court ruling denying its
motion to compel arbitration. Heartland contends the parties
entered into an arbitration agreement that is enforceable
under the Federal Arbitration Act (FAA) as well as the Iowa
Arbitration Act (IAA) and, therefore, the district court
erred in denying its motion to compel arbitration. Heartland
alternatively argues an arbitration agreement should be
enforced through the doctrine of promissory
Background Facts and Proceedings
following facts are generally undisputed. In May 2010, Gerald
Murphy, on behalf of JM 48, LLC (JM), signed a contract
authorization form with Heartland. The authorization form
I the customer grant the following individuals authorization
to enter into grain contracts on behalf of the account name
and number stated above, including credit sale contracts and
. . . .
Contracting of Grain: I represent to Heartland on behalf of
the Customer that: (1) we routinely sell grain to elevator;
(2) we have the particular skills and knowledge of grain
trading practices that enable us to understand the terms of
grain sale contracts enter into; (3) we are a merchant with
respect to the sale of grain; and (4) each of the individuals
names above is authorized to enter into grain contracts with
Heartland on our behalf. National Grain and feed Association
[(NGFA)] Rules apply to all contracts.
I understand that it is my responsibility to notify Heartland
Co-op of any changes in ...