Hug v. Van Burkleo
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. The agreement to arbitrate is not such an agreement as a court of equity will ever enforce — being merely voluntary. It is an agreement revocable in its nature at any time by either party.
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Appeal from St. Charles Circuit Court. I. The agreement to arbitrate is not such an agreement as a court of equity will ever enforce — being merely voluntary. It is an agreement revocable in its nature at any time by either party. (See 16 Johns., 205, alsol Cow., 335 ; King vs. Howard, 27 Mo., 21, in which the court refers to 2 Story Eq* § 1457; 3 Story, 800 ; Agar vs. Macldew, 2 Sim. & Stewart, 418 ; 16 Abb., 205 ; 26 How., 599.) - I. This is not a suit specifically to enforce an arbitration. (Biddle ys. Ramsey, 52 Mo., 158 ; Garred vs. Macey, 10 Mo., 161 ; Curry vs. Lackey, 35 Mo., 389;…
1Opinion of the Court
Sherwood, Judge,
delivered the, opinion of the court.
Where parties to a lease, by the terms of the instrument, agree that upon the surrender of the leasehold premises the value of improvements made thereon shall be ascertained by three householders, the lessor and the lessee each to select one, and those so selected to choose a third; in’ the event of the refusal of either to comply with such stipulation, it is out of the power of a court of equity, by the appointment of appraisers or otherwise, to specifically enforce the contract thus made. A petition, however, which seeks to obtain…
2Cases cited1 opinion
- Biddle v. RamseySupreme Court of Missouri · 1873
3Cited by13 opinions
- Superior Oil & Gas Co. v. MehlinSupreme Court of Oklahoma · 1910
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Coles v. PeckIndiana Supreme Court · 1884
- Black v. RogersSupreme Court of Missouri · 1882
- Oregon-Washington R. & N. Co. v. Spokane P. & S. Ry. Co.Oregon Supreme Court · 1917
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