Farr v. Johnson
Illinois Supreme Court
This was an action of assumpsit, commenced by appellee, against appellant, to the special April term, A.D. 1860, of the Henry Circuit Court, upon an award of arbitrators.
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This was an action of assumpsit, commenced by appellee, against appellant, to the special April term, A.D. 1860, of the Henry Circuit Court, upon an award of arbitrators. The case was tried before Howe, Judge, and a jury, at October term, 1860. To the plaintiff’s declaration, the defendant interposed three pleas: 1st, general issue; 2nd, that the appellant revoked the submission, or agreement to arbitrate, before the award was made, and that the revocation was in writing, and notice was given to the arbitrators; 3rd, that the appellant revoked the submission, verbally, before the award was…
1Opinion of the CourtWalker, J.
It is insisted that this award was improperly admitted in evidence, because it is contended that it is uncertain whether the sum found to be due to appellee is owing by G. Farr or the firm. If we look alone to the award, without regard to the account to which it makes reference, the objection might be plausible, but when the paper referred to is examined, the question is relieved of all doubt. The account presented and acted upon by the arbitrators, is against the firm and in favor of appellee, and contains a charge for payments for the firm of the precise amount found by the arbitrators.…
2Cited by4 opinions
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