Williams v. Branning Manufacturing Co.
Supreme Court of North Carolina
Appeal from G. W. Ward, J., at the Spring Term, 1910, of Hertford. Civil action for damages for breach of contract in writing in which plaintiffs obligated for certain consideration to operate defendant’s lumber plant at Ahoskie, in Hertford County, and to cut into logs the standing timber of defendant and manufacture them into lumber at said plant.
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Appeal from G. W. Ward, J., at the Spring Term, 1910, of Hertford. Civil action for damages for breach of contract in writing in which plaintiffs obligated for certain consideration to operate defendant’s lumber plant at Ahoskie, in Hertford County, and to cut into logs the standing timber of defendant and manufacture them into lumber at said plant. Tn October, 1904, these parties entered into another contract, modifying and changing some of the provisions of the contract of 1901. In the contract of 1904 the following provision is incorporated : “Section 9. It is further understood and…
1Opinion of the CourtBrown, J.
It is unnecessary to review the conclusions of the Superior Court tbat the provision in the contract agreeing to submit all matters of difference to arbitration is no bar to tbis action, for the reason tbat the plaintiffs and defendant did voluntarily submit sucb matters to arbitration in manner and form as provided in the contract and the arbitrators in due time rendered their award. It is common learning tbat a valid award operates as a final and conclusive judgment, as between the parties to the submission, or witbin the jurisdiction of the arbitrators, respecting all matters determined…
2Cases cited7 opinions
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- Tyson v. . RobinsonSupreme Court of North Carolina · 1843
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3Cited by17 opinions
- In Re the Arbitration Between Gantt & Felipe Y Carlos Hurtado & Cia., Ltda.New York Court of Appeals · 1948
- Johnson v. WellsSupreme Court of Florida · 1916
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- Skinner v. Gaither Corp.Supreme Court of North Carolina · 1951
- Wilson v. GreggSupreme Court of Oklahoma · 1952
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