Bemus v. Quiggle
Supreme Court of Pennsylvania
ERROR to the common pleas of Crawford county. William Quiggle against Daniel Bemus. William Quiggle, who was plaintiff below, had brought two suits against the defendant, viz. an action of covenant, and an action on the case, to November term 1834. These causes were arbitrated at June 1835 and the arbitration struck off, and at November 1835 the parties entered into an agreement in the action of covenant as follows : “It is agreed that with the trial of the above cause,…
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ERROR to the common pleas of Crawford county. William Quiggle against Daniel Bemus. William Quiggle, who was plaintiff below, had brought two suits against the defendant, viz. an action of covenant, and an action on the case, to November term 1834. These causes were arbitrated at June 1835 and the arbitration struck off, and at November 1835 the parties entered into an agreement in the action of covenant as follows : “It is agreed that with the trial of the above cause, there shall be also tried with it, and in connection with the same, an action of account render, founded upon the store and…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
No objection was made it would seem in the court below as to the justice of the award, or the conduct of (he arbitrators. The objections are precisely such as the parties agreed not to make. If two causes had been submitted to arbitrators, it is quite probable they would have made separate awards: but the parties agree that they shall in the action of covenant investigate the matters in that of account render, and award on the whole indiscriminately; and this part of the first agreement was expressly retained when the first reference was…
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