Bozeman v. Gilbert
Supreme Court of Alabama
Writ of error to the County Court of Lowndes County. COVENANT to recover damages for a breach of warranty in the salé of a jack-ass. No plea was pleaded, but the cause was tried by a jury as on an issue.
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Writ of error to the County Court of Lowndes County. COVENANT to recover damages for a breach of warranty in the salé of a jack-ass. No plea was pleaded, but the cause was tried by a jury as on an issue. The defendant gave in evidence, an instrument in writing, signed by himself and the plaintiff, which recited that the former had traded to the latter a jack-ass; and the purchaser having become dissatisfied, the parties agreed to leave the matter in dispute to a certain number of disinterested citizens of their county, if the plaintiff should return the animal in as good order as he was when…
1Per curiam
— The County Court' was mistaken when It considered the agreement to refer to arbitration, as a bar to the action.
A mere agreement to decide a controversy by arbitration cannot be enforced at law, or in equity, because no one can effectually waive his right to have his suits determined at the proper Courts provided by the laws of his country.
The usual course to enforce such stipulations formerly, was to enter into bond with sufficient penally; but it may be doubted whether this mode would be effectual at the present day, for it is not easy to ascertain what injury can accrue to a party by the…
2Cases cited1 opinion
- Stone v. DennisSupreme Court of Alabama · 1836
3Cited by23 opinions
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- Rentschler v. Missouri Pacific RailroadNebraska Supreme Court · 1934
- Southern Energy Homes, Inc. v. LeeSupreme Court of Alabama · 1999
- Wells v. Mobile County Bd. of Realtors, Inc.Supreme Court of Alabama · 1980
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