
    In the Matter of the Application of General Silk Importing Company, Inc., Appellant, to Compel Arbitration by Gerseta Corporation, Respondent.
    
      Arbitration — contract for sale of silk —■ agreement that sale shall be governed by rules of association whose by-laws contain a provision for arbitration not an agreement to arbitrate in absence of rule or by-law making such arbitration compulsory.
    
    
      Matter of General Silk Importing Co., Inc., 200 App. Div. 786, affirmed.
    (Argued June 2, 1922;
    decided July 12, 1922.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 21, 1922, which reversed an order of Special Term directing the respondent herein to proceed to arbitration of a dispute arising over its contract with appellant. The contract between the parties, under which respondent seeks arbitration, involved the sale of 100 bales of raw silk embodied in a printed form of contract prepared by the respondent, which had blank spaces therein filled in typewriting and which contained the following printed clause in the lower margin thereof: “ Sales are governed by Raw Silk Rules adopted by the Silk Association of America.” The by-laws of the association provided for arbitration between its members but did not make it compulsory. The question was whether the foregoing marginal printed statement carried with it an agreement of the parties to submit to arbitration any differences that might arise between them under the contract.
    
      Charles G. Keutgen and R. L. von Bernuth for appellant.
    
      Emil Weitzner and David Steckler for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Pound, McLaughlin, Crane and Andrews, JJ. Dissenting: Cardozo, J.  