Player

Defendant Geo. M. Brewster & Son, Inc., a New Jersey corporation (“Brewster”), appeals from an order denying its petition to compel arbitration of the claim asserted by plaintiffs J. C. Player and John A. Bryant, a joint venture (hereinafter for our convenience referred to as “Player”) against Brewster for breach of a subcontract agreement between them and denying its motion for a stay of proceedings pending arbitration. Plaintiffs are California citizens.

Brewster’s contention is that under the terms of the subcontract agreement an arbitration clause is applicable, valid and specifically enforceable. We will find to the contrary.

The Facts

Brewster, the New Jersey corporation, at all times relevant to these proceedings was qualified and licensed to do business as a general contractor in California. In May 1960 it entered into a contract as prime contractor with the Corps of Engineers, United States Army (“Owner”), to construct Black Butte Dam and apputenances near Stony Creek in Glenn and Tehama Counties. One of Brewster’s subcontracts was with Player. It was executed in August 1960 and covered the mixing and delivery of concrete including the establishment of a…