Park Construction Co. v. Independent School District No. 32

1 Reported in 296 N.W. 475. Plaintiff appeals from an order sustaining defendant's general demurrer to the complaint.

In December, 1938, defendant contracted with plaintiff to grade an athletic field. The contract required that "all questions" subject to arbitration thereunder "shall be submitted to arbitration at the choice of either party." Another provision was that "such decision [of the arbitrators] shall be a condition precedent to any right of legal action." The contract did not name the arbitrators but provided for their selection in the event that arbitration was demanded by either…