Starr v. . O'Quinn
Supreme Court of North Carolina
Appeal by defendants from Bond, J., at the May Term, 1920, of WayNE. The defendants leased to the plaintiffs, for five years, at a fixed rent of $660 a year, payable in monthly installments of $55 each, a lot in Goldsboro, N. C., on Ash Street and Carolina Avenue,' on which was standing a greenhouse and other buildings and improvements.
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Appeal by defendants from Bond, J., at the May Term, 1920, of WayNE. The defendants leased to the plaintiffs, for five years, at a fixed rent of $660 a year, payable in monthly installments of $55 each, a lot in Goldsboro, N. C., on Ash Street and Carolina Avenue,' on which was standing a greenhouse and other buildings and improvements. It was stipulated that upon six months notice from the defendants, the plaintiffs should vacate the premises and surrender them to defendants, the question of damages sustained by the plaintiffs to be determined by arbitration, each party to select one of the…
1Opinion of the Court
Walker, J.,
after stating the case: The defendants were entitled to notice of the appointment -of the third arbitrator, and the place where the ease would again be heard, and to an opportunity for intro ducing testimony and being beard in tbe ■ case. Tbis is tbe accepted principle (Bray v. Staples, 149 N. C., 89), but it was not observed in tbe trial before tbe arbitrators. Tbe judge, therefore, was right when be held tbe award to be invalid, and be was also right when be proceeded to try tbe case upon its merits with a jury, and refused to remand tbe case to tbe arbitrators. Tbe defendants…
2Cases cited3 opinions
- Sloan v. . HartSupreme Court of North Carolina · 1909
- Brown v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1914
- Bray v. . StaplesSupreme Court of North Carolina · 1908
3Cited by3 opinions
- Walker v. . BurtSupreme Court of North Carolina · 1921
- State v. . FlemingSupreme Court of North Carolina · 1933
- Clemmons v. . JacksonSupreme Court of North Carolina · 1922