Gerdetz v. Central Oregon Irr. Co.
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. L. F. Gerdetz instituted this suit against the Central Oregon Irrigation Company, a corporation, to set aside a decision of arbitrators and from an adverse decree, plaintiff appeals. Department 1. Statement by Mr. Justice Burnett. The plaintiff contracted with the defendant to construct for the latter in the Deschutes River a dam and conduit therefrom.
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From Multnomah: William N. Gatens, Judge. L. F. Gerdetz instituted this suit against the Central Oregon Irrigation Company, a corporation, to set aside a decision of arbitrators and from an adverse decree, plaintiff appeals. Department 1. Statement by Mr. Justice Burnett. The plaintiff contracted with the defendant to construct for the latter in the Deschutes River a dam and conduit therefrom. Disputes arose between the parties and the plaintiff, claiming the right to do so on account of breaches of the agreement committed by the defendant, abandoned the work before the project was completed.…
1Opinion of the CourtJustice Burnett
It is important to note the extent of the submission. By that document the parties stipulated:
“That said arbitrators shall decide all questions coming before them by a majority vote, except legal questions, which shall be decided by the said John B. Cleland, whose decisions upon the legal questions shall be final, and the decision of the arbitrators upon all questions of fact shall be final between the parties hereto, their successors and assigns.”
We note that no restriction is placed upon the arbitrators in any degree within their respective provinces. No reservation is made for reviewing…
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