Jensen v. Deep Creek Farm & Live Stock Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Row. John E. Booth, Judge. Action on a bond to recover damages awarded by arbitration. From a judgment in favor of the plaintiff, the defendants appealed. An award must decide all the matters submitted,, if it does not it is void in toto. The arbitrators have no power to decide any matter unless they decide all.
Read the full summary
Appeal from the Third District Court, Salt Lake County. — Row. John E. Booth, Judge. Action on a bond to recover damages awarded by arbitration. From a judgment in favor of the plaintiff, the defendants appealed. An award must decide all the matters submitted,, if it does not it is void in toto. The arbitrators have no power to decide any matter unless they decide all. If they stop short and omit any the power fails; and also the consideration on which the parties entered into the contract of submission. Morse on Arb. & Award, 343, and cases cited; Randal v. Randal, 7 East. 81; MeNear y.…
1Opinion of the CourtBartch, J.
It appears from the record in this case that on May 10, 1900, the plaintiff entered into an agreement in writing with the defendant company to lease and deliver to the company a certain number of sheep, of a certain kind and description, for a term of three years. The company, according to the terms of the agreement, was to pay as rental for the sheep annually a certain number of pounds of wool; and at the *71expiration of the term the same number of sheep, with a specified number of the increase, were to be returned to the owner. At the time of the making of the lease' the defendant compány, as…
2Cases cited14 opinions
- Karthaus v. Yllas Y FerrerSupreme Court of the United States · 1828
- New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
- Stearns v. CopeIllinois Supreme Court · 1884
- Carsley v. LindsayCalifornia Supreme Court · 1859
- Evans v. ClappMassachusetts Supreme Judicial Court · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Utah Construction Co. v. Western Pacific Railway Co.California Supreme Court · 1916
- Giannopulos v. PappasUtah Supreme Court · 1932
- Carolina-Virginia Fashion Exhibitors, Inc. v. GunterSupreme Court of North Carolina · 1976
- McQuaid Market House Co. v. Home Insurance Co.Supreme Court of Minnesota · 1920
- State Ex Rel. Barton v. VeleySupreme Court of Oklahoma · 1982