Jones v. Harris
Mississippi Supreme Court
Appeal from the Circuit Court of Tate County. Hon. Sam Powel, Judge. Partners, the appellant and J. A. Harris, differing about their final settlement, agreed, Feb. 24, 1878, in writing, signed by themselves and one Graham as Harris’s surety, to submit their controversy to certain arbitrators and to abide by their decision. The arbitrators on Sept. 15, 1880, awarded in writing to the appellant the sum of eighteen hundred and eighty dollars.
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Appeal from the Circuit Court of Tate County. Hon. Sam Powel, Judge. Partners, the appellant and J. A. Harris, differing about their final settlement, agreed, Feb. 24, 1878, in writing, signed by themselves and one Graham as Harris’s surety, to submit their controversy to certain arbitrators and to abide by their decision. The arbitrators on Sept. 15, 1880, awarded in writing to the appellant the sum of eighteen hundred and eighty dollars. To a declaration in debt on the award, which alleged that the submission was based on a consideration of five hundred dollars paid to Harris, he and his…
1Opinion of the CourtCampbell, J.
If Harris had the right to revoke the submission to arbitration, that is decisive of this case, for it is undisputed that he did revoke it. The right of either party to revoke a submission before award made, where the submission is not a rule of court, or regulated by statute changing the common law, is well settled and universally recognized. Morse on Arbitration and Award, 230; Caldwell on Arbitration, 76; Billing on Awards, 263; Kyd on Awards, 29. It matters not that the submission is by deed or that it contains a stipulation against the revocability of the submission. Same authorities,…
2Cases cited1 opinion
- Bank of Monroe v. WidnerNew York Court of Chancery · 1845
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