Stout v. W. M. Garrard & Co.
Mississippi Supreme Court
Appeal from circuit court of Sunflower county. Hon. S. F. Davis, Judge. Suit by W. 0. Stout against W. M. Garrard & Go. Verdict and judgment for the defendants. Motion for new trial overruled, and the plaintiff appeals.
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Appeal from circuit court of Sunflower county. Hon. S. F. Davis, Judge. Suit by W. 0. Stout against W. M. Garrard & Go. Verdict and judgment for the defendants. Motion for new trial overruled, and the plaintiff appeals. We submit that the fact that the arbitration is dated January 16, 1920, is no ground for declaring it invalid; and that by appearing before the arbitrators and proceeding with the arbitration until it was signed and published by the arbitrators, each party is now estopped to contend that there was anything invalid about the arbitration, growing out of the fact that it was not…
1Opinion of the CourtEthridge, J.
The appellant filed suit in the circuit court upon an award made in an arbitration proceeding concerning the contract for the erection of 'an office building for the ap-pellees. The declaration set forth the entering into a contract to erect the office building, making the contract, plans, and specifications, exhibits thereto. It then alleged that differences arose between the parties, and that certain correspondence passed with reference thereto, and that an agreement was entered into by the parties to arbitrate all differences between the parties concerning the said building, and makes the…
2Cases cited4 opinions
- Scottish Union & National Ins. v. SkaggsMississippi Supreme Court · 1917
- Jenkins v. MeagherMississippi Supreme Court · 1871
- Yarbro v. PurserMississippi Supreme Court · 1917
- Jones v. HarrisMississippi Supreme Court · 1880
3Cited by9 opinions
- IP TIMBERLANDS OPERATING CO. LTD. v. DenmissMississippi Supreme Court · 1998
- National Tea Co. v. RichmondSupreme Court of Louisiana · 1989
- Hutto v. JordanMississippi Supreme Court · 1948
- Horne v. State Building CommissionMississippi Supreme Court · 1954
- Mitchell v. Aetna Casualty & Surety Co.Court of Appeals for the Fifth Circuit · 1978
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