Bradley v. Ray McGowen Ford, Inc.

Forrest, P. J.,

This case is before us on petition for rule to show cause why an award of arbitrators, chosen and acting under the local rules of court relative to compulsory arbitration, should not be set aside, and answer thereto. The action was instituted for the recovery of the purchase price, which plaintiff paid for an automobile, plaintiff alleging breach of warranty of good condition.

The arbitrators made an award in favor of plaintiff in a sum certain “conditional upon return of title to the defendant, free of encumbrances.” Petitioner contends that the arbitrators have no power to…